Delhi High Court Orders Hospitals to Provide Free, Immediate Care to Rape Survivors, Citing Legal Obligation

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Delhi: In a landmark ruling, the Delhi High Court has mandated that both government and private hospitals, as well as nursing homes, must provide free and immediate medical care to survivors of rape, acid attacks, and sexual violence. The court’s decision follows a petition concerning the case of a 16-year-old girl who was sexually assaulted by her father.

A division bench of Justices Prathiba M. Singh and Amit Sharma issued a series of directives on Monday, stating that all medical establishments are required to offer immediate treatment without delay or refusal to victims of sexual violence. The court emphasized that denial of medical care to such survivors is a punishable offense and could lead to penalties against doctors, staff, and hospital management.

The bench declared, “It is incumbent upon all hospitals, nursing homes, clinics, medical centres to provide free medical care and treatment to rape victims/survivors, POCSO case survivors, and similar victims of sexual attacks.” The ruling extends to any necessary tests, diagnostics, and long-term medical care that may be required for the victim, including physical and mental counseling.

In a further effort to ensure transparency and awareness, the court directed hospitals and medical facilities to display clear signage indicating that “free out-patient and in-patient medical treatment” is available for victims of sexual assault, rape, gang rape, and acid attacks.

The court also emphasized that survivors should receive treatment for sexually transmitted diseases, including HIV, and be provided with emergency contraception and pregnancy checks if needed. Mental and physical counseling services must also be offered to help victims cope with the trauma.

The guidelines issued by the court also stated that hospitals and clinics must not insist on identification proof for the admission of victims in emergency situations. This provision ensures that victims are not delayed or denied care due to administrative hurdles.

This ruling is a crucial step toward ensuring the dignity and rights of survivors of sexual violence. It underscores the importance of immediate medical and psychological support for victims, with the Delhi High Court reiterating that hospitals play a vital role in the healing and recovery process.

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