Delhi High Court Orders Free Medical Treatment for Sexual Assault Victims

The Delhi High Court has ruled that all hospitals, whether government-run or private, must provide free medical treatment to victims of rape, acid attacks, and sexual harassment. The court emphasized that this includes conducting medical examinations at no cost.

In a landmark decision delivered by a bench of Justices Pratibha M. Singh and Amit Sharma, the court underscored that denying such treatment constitutes a criminal offense. Hospitals, along with their doctors and management, could face penalties for non-compliance. This directive came during a case involving the rape of a 16-year-old girl by her father.

The bench expressed concern over the challenges faced by survivors in accessing free medical care. It clarified that free treatment should cover not only immediate medical aid but also necessary diagnostic tests, surgeries, long-term care, and both physical and psychological counseling.

To ensure the ruling’s effectiveness, the court mandated its circulation to all judicial forums handling cases of sexual violence, including POCSO (Protection of Children from Sexual Offenses), family, and criminal courts. Judges are also instructed to refer victims requiring medical assistance to the relevant healthcare facilities.

The order aims to bridge gaps in the healthcare system, where survivors often encounter barriers to receiving essential treatment despite existing laws like Section 357C of the CrPC. By mandating comprehensive care, the court seeks to uphold the rights and dignity of victims, ensuring they receive the support they need for recovery.

This decision reinforces the judiciary’s commitment to safeguarding survivors of sexual violence, making it clear that access to free medical treatment is not just a necessity but a legal right.