In a landmark decision, the Delhi High Court has mandated that all government and private hospitals provide free medical treatment to survivors of rape, acid attacks, and cases under the Protection of Children from Sexual Offences (POCSO) Act. This ruling, issued by a division bench comprising Justice Prathiba M. Singh and Justice Amit Sharma, aims to remove financial barriers that survivors face when seeking urgent medical care.
The court’s decision addresses the persistent challenges survivors encounter in accessing necessary medical services, despite existing legal provisions under the Bharatiya Nagarik Suraksha Sanhita (BNSS) and guidelines from the Ministry of Health and Family Welfare. The bench observed that many victims still struggle to obtain free treatment, underscoring the urgent need for systemic reforms in healthcare institutions.
𝗞𝗲𝘆 𝗗𝗶𝗿𝗲𝗰𝘁𝗶𝘃𝗲𝘀 𝗳𝗿𝗼𝗺 𝘁𝗵𝗲 𝗥𝘂𝗹𝗶𝗻𝗴:
𝗖𝗼𝗺𝗽𝗿𝗲𝗵𝗲𝗻𝘀𝗶𝘃𝗲 𝗧𝗿𝗲𝗮𝘁𝗺𝗲𝗻𝘁: The term “treatment” includes first aid, diagnosis, inpatient and outpatient services, diagnostic tests, surgeries, and physical and mental counselling.
𝗜𝗺𝗺𝗲𝗱𝗶𝗮𝘁𝗲 𝗖𝗮𝗿𝗲: Hospitals must not deny treatment to any survivor and should provide immediate medical attention without requiring identification proof in emergency situations.
𝗔𝘄𝗮𝗿𝗲𝗻𝗲𝘀𝘀 𝗖𝗮𝗺𝗽𝗮𝗶𝗴𝗻𝘀: Medical facilities are required to display signage informing survivors of their right to free treatment for sexual assault cases.
𝗟𝗼𝗻𝗴-𝘁𝗲𝗿𝗺 𝗦𝘂𝗽𝗽𝗼𝗿𝘁: The ruling emphasizes the need for ongoing medical assistance, including psychological support and family counselling for survivors.
This decision was prompted by a specific case involving a 16-year-old survivor who faced delays in receiving treatment after being assaulted by her father. The court’s ruling serves as a powerful message of compassion and support for survivors, ensuring they receive not only justice but also essential care to rebuild their lives.
As society grapples with the aftermath of such traumatic experiences, this decision marks a significant step towards creating a supportive framework for those affected by sexual violence.
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