The bench stated that a hospital should not insist on identity proof should a survivor enter the premises. Medical professionals who insist on identification instead of treating the victim could be held accountable per the law.
The court passed the directions concerning survivors of rape, gang rape, acid attack and survivors of sexual offences, among others, that face difficulty in finding treatment at hospitals despite being required by the law.
“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,” said the bench in its judgment made available on December 21.
The High Court said denying requisite treatment to survivors was a criminal offence, and all doctors, administration, officers, nurses, paramedical personnel, etc, must admit and treat the survivor with urgency.
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The ruling allowed immediate examination of a survivor, who would be treated for sexually transmitted conditions such as HIV.
The treatment would not only include first aid but also diagnosis, in-patient admission, continued outpatient assistance, diagnostic tests, lab tests, surgery, physical and mental counselling, psychological help, and family counselling, among other things.
The court clarified availing of free medical treatment by such victims/survivors from either government or private hospitals was not dependent upon a referral by the state or district legal services authority as it was a statutory right under Section 357C of CrPC, Section 397 of BNSS and Rule 6 (4) of POCSO Rules, 2020.
The HC directed every medical facility to put up signage at the entrance, reception, counters, and all prominent places, in both English and vernacular, declaring the availability of free outpatient and in-patient medical treatment for such survivors.
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