Delhi High Court issues specific directions on free medical treatment to rape, acid attack, and POCSO case victims/survivors by all public/private hospitals

Delhi High Court: In a criminal appeal filed under Section 415 read with 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) by accused who was alleged to have repeatedly committed penetrative sexual assault upon the survivor, a Division Bench of Pratibha M. Singh* and Amit Sharma, JJ. was informed that the survivor could not avail free medical treatment without repeated intervention by the Delhi State Legal Services Authority (‘DSLSA’). Thus, the Court reiterated the legal position and issued specific directions in this regard.

Background

In the present matter, the appellant was the father of the survivor, who had allegedly repeatedly committed penetrative sexual assault upon her. The case against him was registered under Sections 363/376(2)(i) and (n) of the Penal Code, 1860¹ (‘IPC’) along with Sections 6 and 12 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO’).

On 13-08-2024, the Court was informed that the interim compensation awarded to the survivor by the Trial Court had not yet been released. Considering the facts of the case, the Court directed urgent steps to be taken to trace the survivor and pay her the compensation. The District Legal Services Authority (‘DLSA’) concerned was also directed to file a status report regarding the delay in disbursement of compensation to the survivor.

On the last date of hearing, the Court considered the status report filed by DSLSA whereby the final compensation of Rs. 13,00,000/- had been deposited in the survivor’s account on 07-09-2024 and that steps were being taken towards the survivor’s enrolment in the 12th standard. The report also mentioned that the survivor had been medically examined on 13-09-2024. It further mentioned that if the survivor was found fit to work as a Para Legal Volunteer (‘PLV’) after training, she may be engaged with DSLSA/DLSA.

DSLSA informed the Court that despite the Court’s directions regarding free medical treatment of the survivor as per Section 397 of BNSS vide order dated 02-09-2024, she could not avail the same without repeated intervention of DSLSA and it was submitted that it is necessary for all hospitals to be sensitized about this provision regarding treatment under BNSS.

Analysis and Decision

Considering the submissions of DSLSA, the Court reiterated the legal position as per Section 397 of BNSS and Rule 6(4) of the POCSO Rules, 2020. It was also noted that the Ministry of Health and Family Welfare (‘MoHFW’) had released ‘Guidelines for Medico-Legal Care for Survivors/Victims of Sexual Violence’ in 2014.

The Court stated that as per the law, 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.

Further, the Court observed that a large number of rape and POCSO cases come up before the Court on a regular basis and sometimes the survivor(s) in these cases need urgent medical intervention and medical assistance over a longer period of time.

The Court said that all Central Government/State Government aided and unaided hospitals as well as private hospitals, clinics, nursing homes would be required to comply with the legal provisions to ensure that survivors/rape victims and survivors in POCSO cases, etc. are not refused medical treatment or any other services which may be required.

The court stated that the word ‘treatment’ would include first aid, diagnosis, in-patient admission, continued out-patient assistance, diagnostic tests, lab tests, surgery, physical, and mental counselling, psychological help, family counselling, etc.

Thus, the Court found it fit to issue certain directions for victims/survivors of offences under Section 64 read with Section 71 of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’), Section 65 read with Section 71 of BNS, Section 66 read with Section 71 of BNS, Section 67 read with Section 71 of BNS, Section 68 read with Section 71 of BNS, Section 70 read with Section 71 of BNS, Section 124(1) of BNS, Sections 4, 8, and 10 of the POCSO Act.

The directions issued by the Court are:

• Whenever a victim/survivor approaches either a private/public medical facility, such victim/survivor shall not be turned away without providing free medical treatment including first aid, diagnostic tests, lab tests, surgery, and any other medical required medical intervention;

• Such victim/survivor shall be examined immediately and be given treatment even for sexually transmitted diseases such as HIV, etc.;

• Such victim/survivor shall be provided physical and mental counselling as may be required;

• The victim/survivor shall be checked for pregnancy, and provided with contraception;

• Any tests required, including ultrasound, shall be conducted and proper medical advice should be given;

• If the victim/survivor has been brought in emergency, the medical establishment concerned shall not insist on ID proofs to admit said victim/survivor and shall administer immediate treatment;

• If the victim/survivor requires in-patient medical treatment, admission shall be provided without demanding any payment;

• Every medical facility 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, etc.”

• All staff of a medical establishment shall be sensitized about the relevant provisions of law such as Section 397 of BNSS, Section 200 of BNS and Rule 6(4) of POCSO Rules, 2020. Specific circulars shall be issued by the management stating that anyone violating the said provisions would be liable to punishment with imprisonment of one year/fine/both.

• If any victim/survivors needs to be transferred to another medical establishment, ambulance should be provided to make the transition smooth and hassle free and a certificate should be given stating that the victim/survivor is entitled to free medical treatment as per law;

• If the police finds that necessary medical treatment to a victim/survivor has been denied, a complaint shall be registered under Section 200 of BNS against such medical professional/para-medical professional/medical establishment whether public or private and the DLSA or DSLSA may also be informed.

• The police station approached by or on behalf of the victim/survivor shall take the said victim/survivor to the nearest hospital whether public or private for obtaining the medical treatment in an expeditious manner;

• The victim/survivor shall also be referred by the police to DSLSA/DLSA for providing legal assistance including appointment of lawyer for the complaint to be filed regarding the offence committed;

• The DSLSA/DLSA is free to refer such cases to private hospitals, nursing homes, labs, etc. apart from forwarding the same to government of NCT of Delhi to ensure free of cost treatment from any government hospital;

• Availing free medical treatment by victims/survivors from either government or private hospitals is not dependent upon a referral by DSLSA/DLSA under the Delhi Victims Compensation Scheme as the same is a statutory right for such victims/survivors;

• DSLSA shall take necessary action and follow-up with the concerned victim/survivor regarding free medical aid upon receiving information on it “sampark” email id for registration of a First Information Report (‘FIR’). Urgent steps must be taken to process such FIRs and communicate the same to DLSAs concerned for taking appropriate steps;

Further, the Court directed the present order to be circulated to all courts dealing with sexual offences to ensure that all victims/survivors are informed of their rights and also directed communication of the same to all DLSAs for necessary information and compliance. The present order was also directed to be circulated among all police stations and all hospitals, nursing homes, medical establishments, clinics, diagnostic centres, etc. for compliance.

[S.V. v. State, 2024 SCC OnLine Del 9081, Decided on 10-12-2024]

Decision authored by Justice Pratibha M. Singh

Advocates who appeared in this case :

For Appellant — Advocate Sudarshan Rajan, Advocate Hitain Bajaj

For Respondent — SC M.A. Niyazi, Advocate Anamika Ghai Niyazi, Advocate Kriti Bhardwaj, Advocate Nehmat Sethi, Advocate Arquam Ali, Advocate Abhinav Pandey, APP Ritesh Kumar Bahri, Advocate Lalit Luthra, Advocate Harpreet Kalsi, Advocate Vashisht Rao

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