Doctors and medical practitioners, both from the public and private hospitals, across Maharashtra cannot deny free medical treatment to the survivors of sex abuse and acid attacks. In the case of a denial, they will be punished under Section 166 (b) of the Indian Penal Code. This can include maximum imprisonment for up to one year or with fine or both. Fresh guidelines have been issued by the State Public Health Department on January 10 to the effect. The guidelines also apply to free medical treatment to minor victims under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

The norms state that doctors and medical practitioners will have to prepare a report and collect samples from the survivors within 96 hours for further examination.

State public health department, under Secretary Roshani Kadam-Patil, stated that the departments of medical education and food and drugs, urban development and law have been asked to give necessary instructions to all hospitals under their respective jurisdiction to provide free treatment to victims of sex abuse, acid attack and minors under POCSO Act. Similar instructions have to be given to the private hospitals. She further stated that the doctors will have to seek prior permission, understand past history, collect samples, inform the police administration and provide psychiatric counseling to the survivors.

A separate panel needs to be set up by the hospitals comprising of the district civil surgeon, medical superintendent, gynecologist or pediatrician and a medical officer from the casualty department for seeking the consent of the survivor for treatment.

The Indian Medical Associations former secretary (Maharashtra State) Dr. Parthiv Sanghvi said that no doctor will leave the survivors of sex abuse or acid attack in the lurch. However, he opined that punitive action due to lack of properly laid down criteria regarding permission for the various extent of treatment needs to be well-defined. He also stated that the consent for any major medical procedure should also be defined if the patient is incapable of giving proper consent.

Advocate Virendra Neve, legal advisor to the Maharashtra State Women Commission, observed that free treatment can be provided to such victims from the Indigent Patient Fund.

Dr. Sanghvi; however, mentioned that the complete treatment includes surgical, medical, plastic surgery and psychiatric rehabilitation of the person and can extend to months or at times years. He questioned as to Who will bear this lengthy treatment cost in a smaller hospital and nursing homes which do not have provision for the indigent fund?” (DNA)