Provision of Free Medical Treatment for Survivors of Sexual Violence
The Delhi High Court has mandated that all hospitals, regardless of their governing body, must provide free medical treatment to survivors of rape, child sexual abuse, and acid attacks. This directive is rooted in the legal framework established by Section 397, BNSS, and Section 357C, CrPC, which obligates medical facilities to offer comprehensive first-aid and treatment at no cost.
Guidelines and Legal Framework
- All public and private hospitals must adhere to the mandate for free treatment.
- The Ministry of Health and Family Welfare Guidelines (2014) extend this requirement to cover services such as OPD registration, pathology tests, and medicines.
- The court has instructed hospitals to educate their staff on the legal obligations and put up visible signs to ensure compliance.
- Denying free treatment is a criminal offense, punishable by up to one year of imprisonment or fines.
Therapeutic Jurisprudence
This legal order advances the concept of "therapeutic jurisprudence" by emphasizing the importance of accessible medical care for survivors of sexual violence. The court clarified that 'treatment' encompasses first aid, diagnostic tests, surgeries, mental health counseling, and does not require an ID for emergency admission.
Right to Health and Therapeutic Access
- The ruling aligns with the rights to health, dignity, privacy, and life, advocating for comprehensive medical support for all survivors of sexual and gender-based violence.
- It raises questions about extending similar provisions to survivors of domestic violence and marital rape, drawing from international cases like that of Gisèle Pelicot in France.
- Pelicot's case is used to highlight systemic biases and issues like medical gaslighting that harm women patients.
Challenges and Public Health Concerns
The court's observations reveal ongoing challenges in providing free treatment, citing a persistent lack of attention from the political class towards sexual violence as a public health issue. Victims often lack basic necessities post-assault, such as clothing to replace items taken for forensic analysis, leading to further trauma and indignity.
State Obligations and Gendered Harms
- The state is urged to fulfill its obligation to replace clothing and personal items seized during forensic procedures.
- Failure to do so constitutes a form of state-sanctioned violence and neglects the gendered harm suffered by rape survivors.
- Legal frameworks and societal systems are called upon to ensure adequate support, highlighting the historical advocacy efforts by figures such as Vasudha Dhagamwar.
Conclusion
Overall, the Delhi High Court's order is a significant step towards ensuring therapeutic access and support for survivors of sexual violence, emphasizing the need for systemic changes in how survivors are treated within medical and legal systems.
