In a significant ruling, the Delhi High Court has directed that survivors of rape, acid attacks, sexual assaults, and cases under the Protection of Children from Sexual Offences (POCSO) Act are entitled to free medical treatment at government and private hospitals, as well as nursing homes.
The judgement was delivered on Tuesday by a division bench comprising Justice Prathiba M. Singh and Justice Amit Sharma. The Court clarified that all Central and State Government-funded medical institutions, along with private healthcare facilities, must provide immediate and comprehensive medical care to survivors without charge.
The Court specified that “treatment” encompasses a wide range of services, including first aid, diagnostic tests, inpatient and outpatient care, surgeries, medications, physical and mental counselling, psychological support, and family counselling. The directive aims to ensure holistic medical support for survivors requiring urgent or prolonged medical intervention.
The Court acknowledged the prevalence of rape and POCSO cases in the judicial system, highlighting the critical need for timely and adequate medical assistance for survivors. Despite provisions under the CrPC and guidelines issued by the Ministry of Health and Family Welfare (MoHFW), the Court noted persistent challenges faced by survivors in accessing free medical services.
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The Court issued several directives to enforce its ruling effectively. These include circulating the order to all courts handling cases of sexual offences, such as POCSO Courts, Criminal Courts, and Family Courts. Courts were also instructed to ensure that survivors are informed of their legal rights under Section 357C of the CrPC and referred to appropriate medical establishments for necessary care.
The ruling emphasises the responsibility of healthcare institutions—whether public or private—to provide prompt and adequate medical support to survivors of sexual violence and acid attacks.
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