• By Imran Zafar
  • Tue, 24 Dec 2024 05:03 PM (IST)
  • Source:ANI

The Delhi High Court mandated free medical treatment for survivors of rape, acid attacks, sexual assaults and POCSO (Protection of Children from Sexual Offences) cases at all government and private healthcare facilities. The landmark ruling, issued on Tuesday, ensures immediate access to medical services for survivors across Central and State Government-funded institutions, as well as private hospitals, clinics and nursing homes.

A division bench of Justice Prathiba M Singh and Justice Amit Sharma stated that "treatment" encompasses first aid, diagnostics, surgeries, inpatient and outpatient care, psychological support and family counselling. The court highlighted the pressing need for comprehensive medical intervention in the numerous cases of rape and POCSO that regularly come before the judiciary.

Despite existing provisions under the BNSS, CrPC and Ministry of Health and Family Welfare (MoHFW) guidelines, survivors continue to face barriers to accessing free medical care. The Delhi HC stressed that the right to free medical treatment is a statutory entitlement under Section 357C of the CrPC, Section 397 of BNSS, and Rule 6(4) of the POCSO Rules, 2020, and does not depend on referrals from legal aid authorities.

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To ensure compliance, the Court directed the ruling be circulated to all courts handling sexual offences, including POCSO, criminal and family courts. Key authorities, such as the Delhi government, the Ministry of Health and the Commissioner of Police, were tasked with overseeing the implementation of these directives.

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The judgment aims to inform survivors of their legal rights and streamline referrals to appropriate medical establishments, guaranteeing timely and comprehensive care. The Court underscored the importance of eliminating hurdles to medical treatment, reinforcing survivors' access to essential healthcare services.