The Delhi High Court said that failure to provide necessary medical treatment to such victims/survivors is a criminal offense and all doctors, administration, officials, nurses, paramedical staff etc. will be informed about it. file Photo Credit: The Hindu
Taking cognizance of the fact that survivors of sexual violence and acid attacks face difficulties in getting free medical treatment, the Delhi High Court said that all government hospitals and private hospitals, clinics and nursing homes cannot deny necessary medical treatment to such victims/survivors. .
The court ordered that the survivors “should not be provided free medical treatment, including primary treatment, diagnostic tests, laboratory tests, surgery and other necessary medical interventions”.
“If the police find that any medical practitioner, para-medical professional, medical establishment, whether public or private, has refused to provide necessary medical treatment to such victims/descendants, a complaint under Section 200 will be registered immediately. Treatment of Victims) BNS, 2023 was ordered by a bench of Justice Pratibha M Singh and Justice Amit Sharma.
The court gave this instruction while hearing the petition of a man who is serving a life sentence for repeatedly sexually abusing his 17-year-old daughter. During the proceedings in August this year, the court learned that the surviving child had given birth to a child whose DNA sample was also confirmed to be a male match.
The judges expressed serious concern that the government counsel had made no effort to contact and locate the victim. The court then ordered the victim to be located and to pay interim compensation.
In another hearing in September, the Delhi State Legal Services Authority (DSLSA) traced the survivor and her mother who appeared in court, asking the DSLSA to help get her medical examined at the hospital.
In the last hearing, DSLSA Secretary (Litigation), Abhinav Pandey brought to the court’s attention that despite this court’s direction regarding free treatment to the victim, he could not get the benefit without repeated intervention of DSLSA. .
Mr. Pandey said that it was some assurance from his side that a private hospital could treat the victims free of cost. He suggested that all hospitals should be made aware of the provision of free treatment.
According to the law, all hospitals, nursing homes, clinics, medical centers should provide free health care and treatment to rape victims/victims, POCSO victims and similar sexual assault victims/victims.
“Despite provisions under BNSS or CrPC, as well as guidelines framed by MoHFW, the court is informed that survivors of sexual violence and acid attacks face difficulties in getting free medical treatment,” the court observed.
It has placed a board stating that every medical facility in the capital has “out-patient and in-patient medical treatment available for victim/victims of sexual assault, rape, gang-rape, acid attack, etc.”
The court said that it is a criminal offense to provide necessary medical treatment to such a victim/victim and all doctors, administration, officers, nurses, paramedical staff etc. should be informed about it.
A person who violates the above provisions will be punished with imprisonment up to one year.
It clarifies that the term “treatment” includes primary care, diagnosis, patient admission, ongoing outpatient care, diagnostic tests, laboratory tests, surgery, physical and mental counseling, psychological help, family counseling, etc.
published – Dec 24, 2024 at 06:34 pm IST