Delhi HC directs hospitals to provide free medical treatment to rape, acid, sexual harrasment and POCSO victims

Delhi: In a fresh directions to ease the problems of medical treatment of rape victims, acid attack survivors, sexual harrasment victims and survivors of POCSO (Protection of Children from Sexual Offences) the Delhi high court on Tuesday directed to provide  free medical treatment to them in any government, private hospitals or nursing homes in Delhi. 

The Delhi court clarified that “treatment” includes first aid, diagnosis, inpatient care, outpatient follow-ups, diagnostic and laboratory tests, surgeries if needed, physical and mental counselling, psychological support, and family counselling.

The court also noted that  a significant number of rape and POCSO cases regularly come before the judiciary. Survivors in these cases often require urgent medical intervention or prolonged medical assistance, including hospital admission, diagnostics, surgical procedures, medications, and counselling services.

A division bench comprising Justice Prathiba M. Singh and Justice Amit Sharma ruled that all Central and State Government-funded institutions, as well as private hospitals, clinics, and nursing homes, must comply with the directive to ensure that survivors of rape, acid attacks, and POCSO cases receive immediate medical care and necessary services.

Despite existing provisions under the BNSS or CrPC, as well as guidelines issued by the Ministry of Health and Family Welfare (MoHFW), the Court observed that survivors of sexual violence and acid attacks continue to face challenges in accessing free medical treatment.

The directive aims to ensure that all victims and survivors, in accordance with Section 397 of the BNS (Section 357C of the CrPC), are informed of their legal rights.