Hospitals can’t deny free treatment to sexual assault and acid attack survivors: Delhi HC

The court has directed if any sexual assault and acid attack survivors approach a medical facility, diagnostic facility, nursing home, hospital, clinic etc, whether private or public, “such victim/survivor shall not be turned away without providing FREE medical treatment, including first aid, diagnostic tests, lab tests, surgery and any other required medical intervention.”The court has reiterated that it is a statutory right of survivors.

The directions issued by the bench include that every medical facility shall put up a board at the entrance, reception, counters and all prominent places in both English and vernacular languages, stating, “Free out-patient and in-patient medical treatment is available for victims/survivors of sexual assault, rape, gang rape, acid attacks.”

The court also directed that specific circulars shall be issued by the management of the medical establishments informing that anyone violating provisions of the Code of Criminal Procedure or the Bharatiya Nagarik Suraksha Sanhita provisioning for free treatment for such survivors “would be liable to be punished with imprisonment for a period of one year or with fine or with both,” and thus “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”.

“If the police find that any medical professional, para-medical professional, medical establishment, whether public or private, refuses to provide necessary medical treatment to such victims/survivors, then a complaint shall be immediately registered under Section 200 of BNS 2023 (Section 166B of IPC) as the same is a punishable offence. The police may also inform the concerned DLSA or DSLSA to enable assistance to the victim/survivor,” the court has directed.

Hospital transfers, if required for such survivors, “shall also be made smooth and hassle free”.

The court has further directed that if a survivor “has been brought in an emergent situation, the concerned medical establishment that is approached by or on behalf of such victim/survivor, shall not insist on ID proofs in order to admit the said victim/survivor and administer immediate treatment to the same”.

Additionally, the court has outlined that survivors shall be “immediately examined and if required, be given treatment even for sexually transmitted diseases such as HIV etc”, “shall be provided physical and mental counselling as may be required”, “shall be checked for pregnancy, and provided with contraception, if required”, and “if any tests are required to be conducted including ultrasound, etc., the same shall also be conducted.”