The Delhi High Court has called for strict adherance from all hospitals, nursing homes, clinics, medical centres to provide FREE medical care and treatment to rape victims/survivors, Protection of Children from Sexual Offences (POCSO) case survivors and similar victims/survivors of sexual attacks, acid attacks, etc.

The bench of Justice Prathiba M. Singh and Justice Amit Sharma were dealing with an appeal in a POCSO case filed by the real father of the survivor, who had allegedly committed penetrative sexual assault upon her.

The Court reiterated the legal position of Section 397 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Section 357C of the Code of Criminal Procedure (CrPC) and has stressed the reinforcement of statutory mandates requiring immediate and free medical care for survivors.The bench, while reiterating the obligations of medical establishments, has also laid down certain directions after it was submitted to the bench that it took some convincing in order to avail free medical treatment from the private hospital for the survivor.

The bench stated, “Thus, all Central Government/State Government aided and unaided hospitals as also private hospitals, clinics, nursing homes would be required to comply with the above provisions in order 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.”

Further, the term "treatment" was broadly interpreted to include first aid, diagnostics, surgeries, mental and psychological counseling, and rehabilitation support. Furthermore, hospitals were directed to eliminate procedural barriers by admitting victims even in the absence of identification documents.

“If the victim/ survivor has been brought in an emergent situation, the concerned medical establishment that is approached by or on behalf of such victim/survivor, shall not insist on ID proofs in order to admit the said victim/survivor and administer immediate treatment to the same;”

Out of the 16 directions laid down by the bench, one of the key directions was the mandatory display of survivor rights. The Court mandated that hospitals prominently display boards in both English and vernacular languages and such boards to be placed at key locations, including entrances and reception counters, ensuring visibility for survivors and their families and informing survivors of their right to free medical care.

Additionally, the board should have the following terms: “Free out-patient and in-patient medical treatment is available for victims/ survivors of sexual assault, rape, gang rape, acid attacks, etc.”

The Court also directed that the present order be circulated to all courts handling sexual offences, including POCSO Courts, Criminal Courts, and Family Courts, to ensure that victims/survivors are informed of their rights under Section 397 of the BNSS (Section 357C of CrPC) and that proper steps are taken to refer such cases to appropriate medical establishments, whether public or private. Copies of the order are to be communicated to all District Legal Services Authorities, Mr. Abhinav Pandey, Secretary (Litigation), DSLSA, and the Commissioner of Police, Delhi, for dissemination to all police stations. Furthermore, the order shall be forwarded by the Secretary, Ministry of Health and Family Welfare, UOI, and the Special Secretary (Health), GNCTD, for circulation and compliance by all hospitals, nursing homes, clinics, diagnostic centers, laboratories, and other medical establishments.

Case Title: S.V. v. State CRL.M. (BAIL) 1343/2024

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Advocate for Appellant: Mr. Sudarshan Rajan, Mr. Hitain Bajaj

Advocate for Respondent: Mr. M.A. Niyazi, Ms. Anamika Ghai Niyazi, Ms. Kirti Bhardwaj, ors