The court emphasised that medical establishments are bound by provisions under the Bharatiya Nagarik Suraksha Sanhita (BNSS), Protection of Children from Sexual Offences (Pocso) Rules, 2020, and guidelines issued by the Union health ministry to ensure seamless treatment for such survivors.
A bench of justices Prathiba M Singh and Amit Sharma, in its December 10 order, mandated that hospitals must provide first aid, diagnostic tests, lab work, and other necessary treatment without charge. Violations by medical personnel, administrators, or hospitals could result in penalties, including imprisonment or fines.
The court noted that despite clear legal provisions, survivors often face difficulties in accessing free medical care.
“However, despite the provisions under BNSS or CrPC, as also the guidelines formulated by the MoHFW, the court has been informed that survivors of sexual violence and acid attacks face difficulties in availing free medical treatment. It is incumbent upon all hospitals, nursing homes, clinics, medical centres to provide free medical care and treatment to rape victims/survivors, POCSO case survivors and similar victims/ survivors of sexual attacks etc,” the court said in its ruling released last week.
Under Section 397 of BNSS and Rule 6(4) of Pocso Rules, hospitals are obligated to offer free first aid and medical treatment to survivors of such crimes. The Union health ministry’s guidelines also mandate free care for survivors of sexual violence.
The bench added, “Non-providing such victim/survivor with required medical treatment is a criminal offence and all doctors, administration, officers, nurses, paramedical personnel etc., shall be informed of the same,” the order said.
The issue arose from a case involving the father of a 16-year-old survivor, who appealed a January 30 city court order convicting him of aggravated penetrative sexual assault and sentencing him to life imprisonment.
The Delhi State Legal Services Authority (DSLSA) informed the court that the survivor initially faced difficulties in availing free medical treatment. DSLSA counsel Abhinav Pandey argued that hospitals need sensitisation to comply with the laws, as it took significant effort to convince a private hospital to treat the survivor without charge.
To address these issues, the court ordered all medical establishments to prominently display boards in both English and local languages at entrances and reception areas, informing survivors about the availability of free treatment.
The signage must read: “Free out-patient and in-patient medical treatment is available for victims/survivors of sexual assault, rape, gang rape, acid attacks, etc.”
Additionally, hospitals must provide physical and mental counselling, conduct pregnancy checks, offer contraception when required, and ensure all staff, including doctors and paramedics, are sensitized about these legal provisions. In emergency cases, hospitals have been instructed not to insist on identification proof before admitting survivors.
The court’s ruling aims to eliminate barriers for survivors seeking medical care and enforce accountability across medical establishments.
