Read Time: 09 minutes
The court observed “that a large number of rape cases and POCSO cases come up before the Courts on a regular basis. The survivor/s in these cases sometimes need urgent medical intervention and sometimes need medical assistance over a longer period of time including admission, diagnostics, surgical intervention, medicines and other treatment including counselling services”. Despite legal provisions and guidelines by the Ministry of Health and Family Welfare (MoHFW), the court noted that the survivors of sexual violence and acid attacks faced difficulties in accessing free medical care.
The Delhi High Court, recently, directed “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”.
The bench of Justice Prathiba M. Singh and Justice Amit Sharma made these observations in an appeal filed by the accused challenging his conviction order. The appellant, the biological father of the survivor, was accused of repeatedly committing penetrative sexual assault upon her.
On 13th August 2024, Additional Public Prosecutor Ritesh Kumar Bahri informed the court that the interim compensation awarded by the Trial Court was yet to be released to the survivor. Considering the facts of the case, the court directed the relevant authorities to take immediate steps to locate the survivor and ensure the payment of compensation. Additionally, the District Legal Services Authority (DLSA) was instructed to submit a status report addressing the delay in the disbursement of compensation.
In compliance with the court’s directions, the West District Legal Services Authority filed a status report dated 27th August 2024. The report revealed that an interim compensation of ₹4,12,500 had been awarded to the survivor, while the final compensation had been calculated at ₹13,00,000.
On 2nd September 2024, the court interacted with the survivor and her mother and issued several directives, including those regarding the survivor's medical treatment. On 23rd October 2024, the Court reviewed a status report dated 22nd October 2024, submitted by Abhinav Pandey, Secretary (Litigation), Delhi State Legal Services Authority (DSLSA). According to the report, the final compensation of ₹13,00,000 had been deposited into the survivor's account on 7th September 2024. The report also indicated that steps were being taken to enroll the survivor in the 12th standard and that she had undergone a medical examination on 13th September 2024.
Further, the report stated that the survivor was receiving training as a Para Legal Volunteer (PLV). If deemed fit, she could be engaged with the DSLSA/DLSA in that capacity. The survivor and her mother appeared before the Court and confirmed that the compensation amount of ₹13,00,000 had been released. The court was informed that two fixed deposits of ₹5,00,000 each had been created as per the court's directions on 2nd September 2024, and ₹1,00,000 were being utilized for coaching fees and daily expenses.
Regarding her education, the survivor’s 10th standard board mark sheet had been procured from CBSE through her school. She expressed her intention to enroll in class 12th through the National Institute of Open Schooling.
The survivor conveyed her willingness to continue working as a PLV and was informed that she would receive remuneration for the same. The court directed the survivor to stay in touch with Advocate Harpreet Kalsi Amicus Curiae for any further issues she might face. It was also clarified that her appearance at the next hearing would not be necessary unless she sought specific directions.
Abhinav Pandey brought to the Court’s attention that despite the earlier order dated 2nd September 2024, which mandated free medical treatment under Section 397 of BNSS (previously Section 357C of Cr.P.C), the survivor could not avail the services without repeated intervention by the DSLSA. The Court reiterated that hospitals, nursing homes, clinics, and medical centers were obligated under the law to provide free medical treatment to survivors of rape, POCSO cases, and similar offenses.
Accordingly, all Central and State Government-aided, unaided, and private hospitals, clinics, and nursing homes were instructed to ensure compliance with the legal provisions. The term “treatment” was emphasized to include first aid, diagnosis, in-patient care, out-patient assistance, diagnostic tests, surgery, counseling, and psychological support, among other services.
Therefore, the court issued the following directions “Whenever any victim/survivor of any of the said offences approaches a medical facility, diagnostic facility, diagnostic lab, nursing home, hospital, health clinic etc., whether private and public/Government, such victim/survivor shall not be turned away without providing FREE medical treatment, including first aid, diagnostic tests, lab tests, surgery and any other required medical intervention”.
For Appellant: Advocates Sudarshan Rajan and Hitain Bajaj For Respondent: Standing Counsel M.A. Niyazi, Additional Public Prosecutor Ritesh Kumar Bahri with Advocates Anamika Ghai Niyazi, Kirti Bhardwaj, Nehmat Sethi, Arquam Ali, Harpreet Kalsi and Vashisht RaoCase Title: S.V v State (2024:DHC:9821-DB)
Please Login or Register
