Delhi High Court directs hospitals to provide free, immediate care to rape survivors

The court gave directions while hearing a plea of an accused who raped his daughter. The court said that the ambulance and other necessary arrangements should be made in case the victim needs to be transferred to other hospital.

In a significant ruling, the Delhi High Court has said that government and private hospitals and nursing homes must provide free and immediate medical attention to rape survivors, acid attack and sexual violence victims and that they cannot refuse medical treatment to them. A bench of Justices Prathiba M Singh and Amit Sharma issued a slew of directions on Monday in a case where a 16-year-old girl was raped by her father.

A division bench of Justice Pratibha M Singh and Amit Sharma said, "It is incumbent upon all hospitals, nursing homes, clinics, medical centres to provide free medical care and treatment to rape victims/survivors, POCSO case survivors and similar victims/ survivors of sexual attacks etc."

The bench also asserted that denying treatment to sexual assault victims is an offence and doing so could penalise doctors, staff and management of the hospital.

The bench further said, "The free treatment also extends to any tests, diagnostics, and long term medical care required for the victim/survivor... Such victim/survivor shall be provided physical and mental counselling as may be required."

Moreover, the bench also directed the hospitals and other medical facilities to put up a board stating "free out-patient and in-patient medical treatment" is available for "victims/survivors of sexual assault, rape, gang rape, acid attacks".

The court in total listed 16 guidelines in this regard. The court said that if necessary, the treatment for sexually transmitted diseases such as HIV should also be provided. "Such victim/survivor shall be provided physical and mental counselling and shall be checked for pregnancy, and provided with contraception if required," the court added.

Among many guidelines, the bench also directed that in case of emergency, the concerned medical facility must not insist on ID proof in order to admit the victim. The court said this while hearing the petition of an accused, who is facing life imprisonment for raping his daughter.