In a recent landmark decision, the Delhi High Court ordered all public and private hospitals, as well as assisted living facilities, to offer survivors of sexual assault and acid assaults free medical care. The goal of this order is to guarantee that victims of such horrible acts can obtain the essential medical care in a timely manner without having to worry about their financial situation.
The bench of Justices Prathiba M. Singh and Amit Sharma emphasized the legal framework that requires survivors to receive free treatment in its December 10 ruling. The court cited recommendations published by the Union Ministry of Health and Family Welfare (MoHFW), the Protection of Children from Sexual Offences (POCSO) Rules, 2020, and laws under the Bharatiya Nagarik Suraksha Sanhita (BNSS). According to these laws and regulations, medical facilities must give survivors of sexual assault and acid attacks free first assistance, diagnostic testing, laboratory services, and other necessary therapies.
The court pointed out that survivors frequently encounter major obstacles while trying to obtain free medical care in spite of these legal requirements. In the case that resulted in this decision, a 16-year-old victim first encountered obstacles in obtaining free care in spite of the legal provisions. Private hospitals frequently hesitated to provide free care, which caused treatment delays, the Delhi State Legal Services Authority (DSLSA) told the court. In order to remedy this, the court stressed that all medical professionals—including physicians, nurses, administrators, and paramedics—need to be informed of the legal obligations to provide care at no cost. The court issued a warning that infractions will result in harsh consequences, such as fines and incarceration.
Additionally, the court mandated that hospitals prominently post notices at their entrances and reception areas, in both local languages and English, alerting survivors to the availability of free medical care. The availability of free outpatient and inpatient therapy for victims of sexual assault, rape, gang rape, and acid attacks must be made clear on the signage.
Apart from medical care, the decision mandates that hospitals offer mental and physical counselling, check for pregnancy, provide contraception when needed, and make sure that all employees are aware of survivors’ legal rights. Additionally, the court ruled that hospitals should not require identification before admitting survivors in emergency situations.
This historic decision seeks to remove obstacles to medical care for victims of acid attacks and sexual assault, guaranteeing that they get the assistance they require without having to deal with further difficulties.
SOURCE :
HINDUSTAN TIMES
