In a landmark ruling, the Delhi High Court has directed all hospitals, nursing homes, clinics, and medical centers—both public and private—to provide free and immediate medical treatment to survivors of sexual assault, including rape and acid attacks. The court made it clear that denying such treatment is a punishable offense, and doctors, staff, and hospital management will be held accountable for any violation .
The directive was issued in response to a case involving a 16-year-old rape survivor who faced treatment delays despite a court order. The court responded by laying down a 16-point guideline to ensure proper medical care. These guidelines mandate that hospitals must provide first aid, essential tests, and surgeries without demanding ID proof or payment. Treatment must also cover management of sexually transmitted diseases, pregnancy tests, and provision of contraception where required.
To ensure transparency, hospitals are instructed to prominently display notices stating, “Free out-patient and in-patient medical treatment is available for survivors of sexual assault, rape, gang rape, acid attacks, etc.” These notices must be displayed in both English and local languages. If a hospital is unable to provide adequate care, it must refer the survivor to another facility and ensure ambulance services are arranged .
The court emphasized that existing laws, including the Indian Penal Code (IPC), Criminal Procedure Code (CrPC), Protection of Children from Sexual Offences (POCSO) Act, and Bharatiya Nagrik Suraksha Sanhita, already obligate medical institutions to offer free, comprehensive treatment to survivors. Failure to comply may result in fines or imprisonment .
This significant ruling reaffirms the judiciary’s commitment to ensuring timely and compassionate medical assistance for survivors, holding healthcare providers legally accountable for their responsibilities.
