Free Treatment for Rape and Acid Attack Victims
In a historic verdict, the Delhi High Court on Tuesday ruled that victims of rape, acid attacks, sexual assault, and POCSO cases have the right to receive free medical treatment at both government and private hospitals.
While delivering the judgment, a bench comprising Justice Pratibha Singh and Justice Amit Sharma stated, “The central and all state governments must ensure free treatment for rape and acid attack survivors in private and government hospitals.” The court clarified that this treatment should include first aid, diagnostic tests, laboratory investigations, necessary surgeries, and both physical and psychological counseling.
The court noted that cases involving rape and POCSO offenses often require immediate or long-term medical care, including hospitalization, diagnosis, surgery, medication, and counseling.
During the hearing, the court remarked, “Despite existing laws and instructions issued by the Ministry of Health, rape and acid attack survivors continue to face significant difficulties in accessing proper treatment.”
The ruling was issued while the court was hearing a case involving the rape of a girl, in which the accused had sought bail to facilitate the victim’s treatment. In response, the Delhi High Court outlined specific directions.
Key Court Directives
- Free Medical Treatment:
- Victims must be provided first aid, diagnostic tests, and surgeries (if required) without any conditions or demand for payment.
- Treatment should also include testing for sexually transmitted diseases and pregnancy.
- Counseling Services:
- Physical and psychological counseling must be offered to survivors and their families.
- Awareness in Hospitals:
- All hospitals must prominently display signs in local and English languages, informing patients that free treatment is available for survivors of sexual assault, rape, gang rape, and acid attacks.
Penalties for Non-Compliance
The court instructed hospitals to educate their staff about the relevant provisions under the Indian Penal Code (IPC), CrPC, and the POCSO Act. It was emphasized that non-compliance or refusal to provide treatment would result in fines and imprisonment.