A division bench of Justice Pratibha M Singh and Amit Sharma said, "It is incumbent upon all hospitals, nursing homes, clinics, medical centres to provide free medical care and treatment to rape victims/survivors, POCSO case survivors and similar victims/ survivors of sexual attacks etc."
The bench also asserted that denying treatment to sexual assault victims is an offence and doing so could penalise doctors, staff and management of the hospital.
The bench further said, "The free treatment also extends to any tests, diagnostics, and long term medical care required for the victim/survivor... Such victim/survivor shall be provided physical and mental counselling as may be required."
Moreover, the bench also directed the hospitals and other medical facilities to put up a board stating "free out-patient and in-patient medical treatment" is available for "victims/survivors of sexual assault, rape, gang rape, acid attacks".
The court in total listed 16 guidelines in this regard. The court said that if necessary, the treatment for sexually transmitted diseases such as HIV should also be provided. "Such victim/survivor shall be provided physical and mental counselling and shall be checked for pregnancy, and provided with contraception if required," the court added.
Among many guidelines, the bench also directed that in case of emergency, the concerned medical facility must not insist on ID proof in order to admit the victim. The court said this while hearing the petition of an accused, who is facing life imprisonment for raping his daughter.
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