Delhi High Court directs all hospitals to provide free medical treatment for rape and acid attack survivors

The Delhi High Court has directed all medical facilities in the capital, including government and private hospitals, clinics, and nursing homes, to provide free and comprehensive medical treatment to survivors of sexual assault, rape, gang rape, and acid attacks.

The court emphasized that no medical establishment may deny necessary care to such survivors.

“All victims/survivors shall not be turned away without providing free medical treatment, including first aid, diagnostic tests, lab tests, surgery, and any other required medical intervention,” stated the court.

A Bench comprising Justice Prathiba M. Singh and Justice Amit Sharma ruled that failure to provide treatment would constitute a criminal offense. The court mandated that if the police identify any medical professional, paramedical staff, or establishment refusing care, a complaint under Section 200 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) Act, 2023, must be registered immediately.

The directive was issued during the hearing of a case involving a man serving life imprisonment for repeatedly assaulting his 17-year-old daughter, who later gave birth to a child. DNA testing confirmed the man’s paternity.

The court expressed dissatisfaction with the lack of effort by the government-appointed counsellor to trace the survivor, leading to delays in providing support. Following intervention, the Delhi State Legal Services Authority (DSLSA) located the survivor and facilitated her appearance before the court. Interim compensation was also awarded to her.

DSLSA Secretary (Litigation) Abhinav Pandey informed the court that despite the existing legal provisions, survivors faced significant barriers in accessing free medical care. He noted that even after the court’s directives, it required persistent effort to convince a private hospital to provide treatment without cost.

Mr. Pandey highlighted the need for greater awareness and sensitization among medical establishments regarding the legal obligation to offer free care to such survivors.

The court underscored that existing laws, including the BNSS Act and guidelines from the Ministry of Health and Family Welfare (MoHFW), make it mandatory for all hospitals, clinics, and nursing homes to provide free medical treatment to survivors of sexual violence and acid attacks.

Despite these provisions, survivors continue to face obstacles, indicating a gap in enforcement and awareness. The court called for immediate corrective action to address these challenges.

To ensure transparency and awareness, the court ordered all medical facilities in Delhi to prominently display boards stating:
“Free out-patient and in-patient medical treatment is available for victims/survivors of sexual assault, rape, gang rape, acid attacks, etc.”

The court clarified that “treatment” encompasses first aid, diagnostic and lab tests, in-patient admission, surgeries, psychological support, physical and mental counselling, and family counselling.

The High Court warned that any violation of the directive would lead to imprisonment for up to one year. All healthcare personnel, including doctors, nurses, and administrative staff, were instructed to familiarize themselves with these provisions and ensure compliance.

This judgment aims to uphold the dignity and rights of survivors, ensuring they receive timely and necessary care without barriers. It also highlights the need for sensitization and accountability within the healthcare system to support vulnerable individuals effectively.