New Delhi, 24 December
In a historic order, the Delhi High Court on Tuesday said that victims of rape, acid attacks, sexual assaults and cases related to the POCSO Act (Protection of Children from Sexual Offenses – POCSO) in government and private hospitals. Also entitled to free medical treatment in nursing homes. This order Justice Pratiba M. A division bench of Singh (Justice Prathiba M. Singh) and Justice Amit Sharma (Justice Amit Sharma) has pronounced the verdict.
In its order, the bench said that all health institutions aided by the central and state governments as well as private hospitals, clinics and nursing homes should follow the directive to ensure that victims of rape, acid attacks and POCSO cases Get immediate medical care and essential health services.
The court clarified that ‘treatment’ includes first aid, diagnosis, inpatient care, outpatient follow-up, diagnostic and laboratory tests, surgeries if necessary, physical and mental counselling, psychological support and family counselling, etc. is included The bench noted that many cases of rape and POCSO regularly come before the judiciary. Victims in these cases often require immediate medical intervention or prolonged medical assistance, including hospitalization, diagnostics, surgical procedures, medications, and counseling services.
The court observed that despite the existing provisions under the BNSS or CrPC as well as the guidelines issued by the Ministry of Health and Family Welfare (MoHFW), the court observed that victims of sexual violence and acid attacks are not allowed to access free medical treatment. Enormous challenges are faced. The bench issued several directions in its order, including ensuring that the court’s decision reaches all courts dealing with sexual offences, such as POCSO courts, criminal courts and family courts.
The purpose of the order is to ensure that all victims and survivors of assault are made aware of their legal rights under Section 397 of the BNS (Section 357C of the CrPC). The court also ordered that whenever the courts are faced with cases requiring medical assistance for victims or survivors, appropriate steps should be taken to refer such cases to the concerned medical institutions and these institutions whether public or government. Even if they are private. – ANI
