Hospitals can't refuse free treatment to rape, acid attack survivors: High Court

The Delhi High Court said denying treatment to sexual assault victims was an offence for which the doctors, staff and management of the hospital could be penalised.

In Short

• Court was hearing a case where a 16-year-old girl was raped by her father
• Says doctors, hospital staff could be penalised if free treatment is denied
• Says the free treatment will extend to all tests, diagnostics

The Delhi High Court has said that government and private hospitals and nursing homes cannot refuse medical treatment to survivors of rape, acid attack and sexual violence. 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.

"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 court said.

The court also said that denying treatment to sexual assault victims was an offence for which the doctors, staff and management of the hospital could be penalised.

Noting that survivors of sexual violence face difficulties in availing free medical treatment, the bench 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."

COURT LISTS GUIDELINES FOR HOSPITALS

The court ordered that every medical facility in Delhi would have 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".

Listing guidelines to be followed by hospitals, the court said the survivors of such offences should be immediately examined and, if required, be given treatment for sexually transmitted diseases such as HIV. "Such victim/survivor shall be provided physical and mental counselling and shall be checked for pregnancy, and provided with contraception, if required," the court said.

The court also directed that in emergency cases, the concerned medical establishment shall not insist on ID proof in order to admit the victim.

The court's direction came while hearing the plea of the accused, who is facing life imprisonment for raping his daughter. The court took note of the fact that the survivor was made to wait for medical treatment at a private hospital despite repeated intervention of the court and the Delhi State Legal Services Authority (DLSA).