{"id":338355,"date":"2025-01-03T11:00:45","date_gmt":"2025-01-03T05:30:45","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=338355"},"modified":"2025-01-08T12:28:21","modified_gmt":"2025-01-08T06:58:21","slug":"delhi-hc-issues-specific-directions-provision-free-medical-treatment-rape-acid-attack-pocso-victims-survivors-hospitals-public-private","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2025\/01\/03\/delhi-hc-issues-specific-directions-provision-free-medical-treatment-rape-acid-attack-pocso-victims-survivors-hospitals-public-private\/","title":{"rendered":"Delhi High Court issues specific directions on free medical treatment to rape, acid attack, and POCSO case victims\/survivors by all public\/private hospitals"},"content":{"rendered":"
\n

Delhi High Court:<\/span> In a criminal appeal filed under Section 415<\/a> read with 528<\/a> of the Bharatiya Nagarik Suraksha Sanhita, 2023<\/a> (‘BNSS’) by accused who was alleged to have repeatedly committed penetrative sexual assault upon the survivor, a Division Bench of Pratibha M. Singh*<\/span> and Amit Sharma, JJ. was informed that the survivor could not avail free medical treatment without repeated intervention by the Delhi State Legal Services Authority (‘DSLSA’). Thus, the Court reiterated the legal position and issued specific directions in this regard.<\/p>\n

Background<\/h3>\n

In the present matter, the appellant was the father of the survivor, who had allegedly repeatedly committed penetrative sexual assault upon her. The case against him was registered under Sections 363<\/a>\/376(2)(i) and (n)<\/a> of the Penal Code, 1860<\/a>1<\/sup><\/a> (‘IPC’) along with Sections 6<\/a> and 12<\/a> of the Protection of Children from Sexual Offences Act, 2012<\/a> (‘POCSO’).<\/p>\n

On 13-08-2024, the Court was informed that the interim compensation awarded to the survivor by the Trial Court had not yet been released. Considering the facts of the case, the Court directed urgent steps to be taken to trace the survivor and pay her the compensation. The District Legal Services Authority (‘DLSA’) concerned was also directed to file a status report regarding the delay in disbursement of compensation to the survivor.<\/p>\n

On the last date of hearing, the Court considered the status report filed by DSLSA whereby the final compensation of Rs. 13,00,000\/- had been deposited in the survivor’s account on 07-09-2024 and that steps were being taken towards the survivor’s enrolment in the 12th<\/span> standard. The report also mentioned that the survivor had been medically examined on 13-09-2024. It further mentioned that if the survivor was found fit to work as a Para Legal Volunteer (‘PLV’) after training, she may be engaged with DSLSA\/DLSA.<\/p>\n

DSLSA informed the Court that despite the Court’s directions regarding free medical treatment of the survivor as per Section 397<\/a> of BNSS<\/a> vide order dated 02-09-2024, she could not avail the same without repeated intervention of DSLSA and it was submitted that it is necessary for all hospitals to be sensitized about this provision regarding treatment under BNSS<\/a>.<\/p>\n

Analysis and Decision<\/h3>\n

Considering the submissions of DSLSA, the Court reiterated the legal position as per Section 397<\/a> of BNSS<\/a> and Rule 6(4) of the POCSO Rules, 2020. It was also noted that the Ministry of Health and Family Welfare (‘MoHFW’) had released ‘Guidelines for Medico-Legal Care for Survivors\/Victims of Sexual Violence’ in 2014.<\/p>\n

The Court stated that as per the law, 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.<\/p>\n

Further, the Court observed that a large number of rape and POCSO cases come up before the Court on a regular basis and sometimes the survivor(s) in these cases need urgent medical intervention and medical assistance over a longer period of time.<\/p>\n

The Court said that all Central Government\/State Government aided and unaided hospitals as well as private hospitals, clinics, nursing homes would be required to comply with the legal provisions to ensure that survivors\/rape victims and survivors in POCSO cases, etc. are not refused medical treatment or any other services which may be required.<\/p>\n

The court stated that the word ‘treatment’ would include first aid, diagnosis, in-patient admission, continued out-patient assistance, diagnostic tests, lab tests, surgery, physical, and mental counselling, psychological help, family counselling, etc.<\/p>\n

Thus, the Court found it fit to issue certain directions for victims\/survivors of offences under Section 64 read with Section 71<\/a> of the Bharatiya Nyaya Sanhita, 2023<\/a> (‘BNS’), Section 65<\/a> read with Section 71<\/a> of BNS<\/a>, Section 66<\/a> read with Section 71<\/a> of BNS<\/a>, Section 67<\/a> read with Section 71<\/a> of BNS<\/a>, Section 68<\/a> read with Section 71<\/a> of BNS<\/a>, Section 70<\/a> read with Section 71<\/a> of BNS<\/a>, Section 124(1)<\/a> of BNS<\/a>, Sections 4<\/a>, 8<\/a>, and 10<\/a> of the POCSO Act<\/a>.<\/p>\n

The directions issued by the Court are:<\/p>\n