New Delhi: In a landmark judgment, the Delhi High Court recently said that state-run and private hospitals cannot exclude survivors of sex crimes, among others, and must either provide free treatment or face criminal action. A bench of Justices Pratibha M Singh and Amit Sharma said medical establishments should not insist on identity proof while bringing such living persons in emergencies and any medical professional refusing to provide necessary treatment would immediately register a complaint with the police. Punishable offence.
The court gave instructions in relation to rape, gang rape, acid attack and minor victims of sexual abuse and said that even though there is a legal system, it is difficult to get free treatment.
“When any victim/beneficiary of the said crimes approaches a medical facility, diagnostic facility, diagnostic laboratory, nursing home, hospital, health clinic, etc., whether private or public/government, such victim/beneficiary shall not be turned away. Without free medical treatment,” the bench said in its judgment delivered on December 21.
The High Court said that denying necessary treatment to victims is a criminal offense and all doctors, administration, officials, nurses, paramedical staff etc. should be informed about it.
This decision allowed for the immediate examination of the victim, who would be treated for sexually transmitted conditions such as HIV, if the situation demanded.
Treatment will include not only primary care but also diagnosis, patient admission, ongoing outpatient care, diagnostic tests, laboratory tests, surgery, physical and mental counseling, psychological help, family counseling, and more.
The court clarified that such victims/survivors from government or private hospitals were not dependent on the referral of State or District Legal Services Authority to get free medical treatment as it was a statutory right under Section 357C of CrPC, Section 397 of BNSS and Rule 6 (4) of POCSO Rules, 2020.
Specifically, each medical facility was directed to post a board in English and local language at the entrance, reception hall, counters and all key locations, announcing the availability of free out-patient and in-patient medical treatment for such survivors.