S.V. [Appellant] Vs. STATE [Respondent]
CRL.A. 728/2024 & CRL.M.(BAIL) 1343/2024
(2JB, CORAM: PRATHIBA M. SINGH and AMIT SHARMA JJ., delivered by Prathiba M. Singh, J.)
The Delhi High Court has reiterated the obligation of all hospitals, nursing homes, clinics, and medical centers to provide free medical care and treatment to victims of rape, survivors of sexual assault under the Protection of Children from Sexual Offences (POCSO) Act, and similar cases of sexual violence. A Division Bench comprising Justice Prathiba M. Singh and Justice Amit Sharma issued a series of directives to ensure compliance with this mandate, emphasizing the roles of medical facilities, police machinery, and the District Legal Services Authority (DLSA).
The appeal was brought before the High Court under Section 415 read with Section 528 of BNSS, challenging a lower court’s judgment under Sections 363 and 376(2)(i) and (n) of the IPC, as well as Sections 6 and 12 of the POCSO Act. The appellant, the biological father of the survivor, was accused of repeated penetrative sexual assault. Advocate Sudarshan Rajan represented the appellant, while Standing Counsel M.A. Niyazi and Secretary (Litigation) Abhinav Pandey represented the respondents. The Court was informed that the interim compensation awarded to the survivor had not yet been disbursed.
Recognizing the barriers faced by survivors in accessing free medical treatment, the Bench emphasized the non-negotiable right to medical care for survivors of sexual violence. Key directives included Mandatory Free Treatment, i.e. all victims/survivors approaching any medical facility, whether public or private, must be provided free treatment, including first aid, diagnostic tests, surgery, and other necessary medical interventions. Emergency Protocols, i.e. in cases of emergency, medical establishments cannot insist on identity proof before administering treatment.
Holistic Care, i.e., Survivors must be offered comprehensive care, including diagnosis and treatment for sexually transmitted diseases, mental and physical counseling, and, if necessary, pregnancy-related care such as contraception or ultrasounds. Awareness and Sensitization: All medical personnel, including doctors, nurses, and administrative staff, must be sensitized to the legal provisions and protocols concerning survivors of sexual violence, such as Section 357C of the CrPC and Rule 6(4) of the POCSO Rules, 2020; Legal Assistance, i.e., Police must refer survivors to the DLSA for legal assistance, including the appointment of a lawyer for filing complaints. Visibility of Services: Medical establishments are required to prominently display boards declaring the availability of free treatment for survivors of sexual assault and related cases.
The Court referenced the 2014 Guidelines for Medico-Legal Care for Survivors/Victims of Sexual Violence, issued by the Ministry of Health and Family Welfare (MoHFW). These guidelines underline the duty of all healthcare facilities to provide free and immediate medical care to survivors. The DLSA submitted a status report detailing the interim and final compensation disbursed to the survivor, amounting to over ₹13 lakhs. Further, efforts are being made to support the survivor’s education and rehabilitation. The Court’s directives serve as a robust reinforcement of survivors’ rights to medical and legal support. By addressing systemic barriers, including the refusal of treatment and the demand for payment, the ruling underscores the need for a compassionate, victim-centric approach within the healthcare and legal systems.
