Delhi High Court mandates free medical treatment for survivors of sexual violence and acid attacks [Read Order]

New Delhi: The Delhi High Court has mandated free medical treatment for survivors of sexual violence, acid attacks, and POCSO cases in all hospitals, both public and private. This judgment emphasizes the critical need for immediate medical care for survivors.

Delhi HC’s Landmark Judgment on Free Medical Aid for Survivors

Justice Prathiba M. Singh and Justice Amit Sharma issued significant directives addressing the challenges faced by survivors in accessing medical treatment. The court took up the issue after noting the difficulties encountered by a survivor in obtaining treatment. The court observed: “Despite the provisions under the BNSS or CrPC, as well as the guidelines formulated by the MoHFW, the Court has been informed that survivors of sexual violence and acid attacks face difficulties in availing of free medical treatment.”

Further addressing the scope of treatment, the court clarified that “the word ‘treatment’ includes first aid, diagnosis, in-patient admission, continued out-patient assistance, diagnostic tests, lab tests, surgery if required, physical and mental counseling, psychological help, family counseling, etc.” The court issued comprehensive directions, stating: “Whenever any victim/survivor approaches a medical facility, diagnostic facility, diagnostic lab, nursing home, hospital, health clinic, etc., whether private or public/Government, such victim/survivor shall not be turned away without providing FREE medical treatment, including first aid, diagnostic tests, lab tests, surgery, and any other required medical intervention.”

Free Treatment for Sexual Violence and Acid Attack Survivors: Court’s Directive

Additionally, the court mandated that all medical facilities display a notice stating: “Free out-patient and in-patient medical treatment is available for victims/survivors of sexual assault, rape, gang rape, acid attacks, etc.”

The judgment applies to victims of various offenses, including rape, gang rape, acid attacks, and offenses under the POCSO Act. The court has directed this order to be circulated to all relevant authorities for strict compliance.

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Mr. Sudarshan Rajan and Mr. Hitain Bajaj appeared for the Appellant. Representing CBSE were Mr. M.A. Niyazi, Ms. Anamika Ghai Niyazi, Ms. Kirti Bhardwaj, Ms. Nehmat Sethi, and Mr. Arquam Ali. Mr. Ritesh Kumar Bahri and Mr. Lalit Luthra appeared as Additional Public Prosecutors, while Ms. Harpreet Kalsi appeared as Amicus Curiae, assisted by Mr. Vashisht Rao.

The case is titled S.V. vs. State.

[Read Order]