Hospitals cannot deny free treatment to rape victims, acid attack survivors, orders High Court

The Delhi High Court recently ruled that victims of rape, acid attack and sexual assault should be provided free medical treatment in all government and private hospitals and nursing homes. The court has said that government and private hospitals and nursing homes cannot refuse to provide medical treatment. A bench of Justice Pratibha M Singh and Justice Amit Sharma on Monday issued several directions in a case in which a 16-year-old girl was raped by her father.

The court said, "It is the duty of all hospitals, nursing homes, clinics, medical centers to provide free medical care and treatment to rape victims, victims of POCSO cases and victims of similar sexual assaults." The court also said that refusing treatment to sexual assault victims is a crime, for which the doctors, staff and management of the hospital can be punished.

Free treatment includes tests, diagnostics and long-term care

Noting that victims of sexual violence have to face difficulties to get free medical treatment, the bench said, "Free treatment includes any tests, diagnostics and long-term care required for the victims. Such victims should be given physical and mental counseling as required."

Court issued guidelines for hospitals-

The court ordered that every medical facility in Delhi will have to put up a board stating that "free out-patient and in-patient medical treatment is available for victims of sexual harassment, rape, gang rape, acid attacks".

Listing the guidelines to be followed by hospitals, the court said that victims of such crimes should be immediately examined and, if necessary, treated for sexually transmitted diseases like HIV.

The court said, "Such victims should be counseled. They should be checked for pregnancy and provided contraception, if necessary." The court also directed that in emergency cases, the concerned hospital or nursing home will not insist on identity proof to admit the victim.

In the background of which case did the court give this direction?
The court's direction came while hearing the petition of the accused, who is serving life imprisonment for raping his daughter. The court took note of the fact that despite repeated interventions of the court and the Delhi State Legal Services Authority (DLSA), the victim had to wait for medical treatment at a private hospital.