Pranav B Prem

In a significant judgment, the Delhi High Court emphasized the mandatory provision of free medical treatment for survivors of sexual violence, acid attacks, and POCSO (Protection of Children from Sexual Offences) cases by all hospitals, whether public or private. The ruling underscores the statutory obligations under the Bharatiya Nyaya Sanhita (BNS), CrPC, and POCSO Rules.

A division bench comprising Justice Prathiba M. Singh and Justice Amit Sharma outlined detailed directions to ensure seamless medical aid to survivors, reiterating the statutory framework provided under Section 397 of the BNSS, Section 357C of the CrPC, and Rule 6(4) of the POCSO Rules, 2020.

The judgment arose from a case involving a minor survivor of sexual assault whose challenges in accessing free medical treatment highlighted systemic gaps. Despite existing provisions, the survivor faced delays until the intervention of the Delhi State Legal Services Authority (DSLSA).

Legal Provisions Emphasized

1. Section 357C of CrPC and Section 397 of BNSS: Mandate free medical treatment, including diagnostics, surgical procedures, and mental health counseling for survivors of specified offences, including rape and acid attacks.
2. Rule 6(4) of the POCSO Rules, 2020: Obligates medical practitioners to provide comprehensive care to child survivors, including treatment for injuries, sexually transmitted diseases, and counseling.

Court Observations
The Court expressed concern over non-compliance by certain private hospitals and reiterated that denying treatment to survivors constitutes a punishable offence. The Court directed hospitals to ensure that survivors are not required to produce identity documents for immediate medical attention and mandated public awareness measures, including display boards in hospitals stating the availability of free treatment for survivors.

Directions Issued

i. Whenever any victim/survivor of any of the said offences approaches a medical facility, diagnostic facility, diagnostic lab, nursing home, hospital, health clinic etc., whether private and public/Government, 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;

ii. Such victim/survivor shall be immediately examined and if required, be given treatment even for sexually transmitted diseases such as HIV etc.;

iii. Such victim/survivor shall be provided physical and mental counselling as may be required;

iv. Such victim/survivor shall be checked for pregnancy, and provided with contraception, if required;

v. Further, if any tests are required to be conducted including ultrasound, etc., the same shall also be conducted. Proper medical advice shall be given to such victim/survivor by the concerned gynaecologist who shall also counsel the victim/ survivor and her family members;

vi. If the victim/ 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;

vii. If such a victim/survivor requires in-patient medical treatment, no payment shall be demanded and admission shall be provided to the said victim/survivor;

 viii. Every medical facility shall put up a board in the following terms:

“Free out-patient and in-patient medical treatment is available for victims/ survivors of sexual assault, rape, gang rape, acid attacks, etc.”.

The above board shall be put up at the- entrance, the reception, counters and all prominent places with in the medical establishment, in both English and vernacular language;

ix. All doctors, nurses, paramedical personnel, administrative staff of a medical establishment shall be sensitized about the relevant provisions being Section 397 BNSS (Section 357C of CrPC), Section 200 of BNS (Section 166B of IPC) and Rule 6(4) of POCSO Rules, 2020. Specific circulars shall be issued by the management of the medical establishments informing that anyone violating the above provisions would be liable to be punished with imprisonment for a period of one year or with fine or with both. 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;

x. If any victim/survivor is required to be transferred from one hospital establishment or medical establishment to another, the transition shall also be made smooth and hassle free by providing ambulance, if required, along with certificate to the effect that the victim/survivor is entitled to free medical treatment as per law;

 
xi. If the police finds 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;

xii. The concerned Police Station approached by or on behalf of such victim/survivor shall take the said victim/survivor to the nearest hospital, whether public or private, for obtaining the above medical treatment without any delay and in an expeditious manner;

xiii. Such victim/ survivor shall also be referred by the Police to the Delhi State Legal Services Authority (DSLSA) /District Legal Services Authority (DLSA) for providing legal assistance including appointment of a lawyer for the complaint to be filed in respect of the offence committed upon the said victim/survivor;

xiv. In the city of Delhi, if such victims/survivors approach the DSLSA/DLSA for seeking assistance for availing free medical treatment, then the Delhi Victims Compensation Scheme (DVCS), requires the DSLSA/DLSA to forward cases of such victims/survivors to Government of NCT of Delhi, to ensure free of cost treatment from any Government hospital, if the need so arises. However, the DSLSA/DLSA is also free to refer such cases to private hospitals, nursing home, laboratories, etc.;

xv. It is clarified that availing of free medical treatment by such victims/survivors from either Government/Public or Private hospitals is not dependent upon a referral by the DSLSA/DLSA under the DVCS, as the same is a statutory right of such victims/survivors under Section 357C of CrPC, Section 397 of BNSS and Rule 6 (4) of POCSO Rules, 2020.

xvi. The DSLSA upon receiving information on its “Sampark” email-id i.e., sampark.dslsa@gov.in regarding registration of an FIR in respect of any offence mentioned herinabove, shall take necessary action and follow-up with the concerned victim/survivor in respect of receiving free medical aid. Further, the DSLSA shall take urgent steps to process such FIRs and communicate/circulate the same to the concerned DLSAs for taking appropriate steps in terms of the directions herein;

The court further directed that the order is to be circulated to all Courts dealing with, sexual offences including, POCSO Courts, Criminal Courts, Family Courts, etc., so as to ensure that all victim/survivor, in terms of Section 397 of BNS (Section 357C of CrPC), are informed of their rights under law and proper steps are taken for referring such cases to the concerned medical establishments, whether public/government or private, whenever the courts come across such cases where victims/survivors needs such assistance and also to be communicated to all District Legal Services Authorities for necessary information and compliance.

The court has also directed that the order is also to be sent to the Commissioner of Police, Delhi for being circulated to all police stations. In addition, the order be also communicated by the Secretary, Ministry of Health and Family Welfare, UOI and Special Secretary (Health) GNCTD for monitoring and being circulated to all hospitals, nursing homes, medical establishments, clinics, diagnostic centres, laboratories etc., for compliance.

Cause Title: SV v. State

Case No: CRL.A. 728/2024 & CRL.M.(BAIL) 1343/2024

Date: December-10-2024

Bench: Justice Prathiba M. Singh, Justice Amit Sharma

[Read/Download order]