In an important decision, the Delhi High Court has clarified that government and private hospitals cannot send back victims of sexual crimes and acid attacks without treatment. The Court also directed that free medical services should be provided to these victims.
Court’s strict stance
The bench of Justices Pratibha M. Singh and Amit Sharma said that:
- There should be no insistence on asking for identification of patients brought in emergency.
- If any doctor or medical staff refuses to provide treatment, it will be a punishable offense and a police complaint can be filed against them.
Instructions for free and comprehensive treatment for victims
The court said that minor victims of rape, gang rape, acid attacks and sexual crimes have a legal right to free treatment.
- All medical institutions (government and private) must ensure that victims are not sent back without treatment.
- Services included in the treatment:
- first aid
- Hospitalization and surgery
- Diagnosis and Lab Tests
- Testing and treating HIV and other sexually transmitted diseases
- Physical and mental counseling
- Psychological and family support
It is necessary to follow legal provisions
The High Court said that this right to free treatment is statutorily ensured under Section 357C of the CRPC, Section 397 of the Indian Medical Council (BNS), and Rule 6(4) of the POCSO Rules, 2020.
- This free medical facility will not depend only on the recommendation of the State or District Legal Services Authority.
- Hospitals were instructed to adopt a humane and sensitive attitude towards the victims.
Strict punishment for refusing treatment
The Court said:
- Denying treatment to sexual assault and acid attack victims is a criminal offence.
- Doctors, nurses, paramedical staff and officers of all medical institutions should be informed about this order.
purpose of court
This decision is a major step towards ensuring justice for sexual crime and acid attack victims and prioritizing their medical needs. The Court also said that it is extremely important to provide proper care and support to the victims to make them mentally and physically strong.
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