BHUBANESWAR: In a major move, the Odisha Government has made it binding on all hospitals, both Government and private, to provide free medical treatment to victims of acid attack and sexual assault.
A Standard Operating Procedure (SOP) for Gender Based Violence (GBV), released by Health and Family Welfare Department, has made it amply clear that hospitals cannot refuse treatment to the victims.
These health institutions have to provide first aid or medical treatment for free to victims and survivors of GBV who are covered under Sections 326A, 376 (A to E) of the IPC. Such cases have to be informed to the police and non-reporting of cases of sexual offences against minors is punishable under POCSO Act.
If a person comes directly to the hospital without police requisition, the institution is bound to provide treatment and conduct a medical examination but only with consent of the survivor, victim and their parents or guardians. A police requisition is not required for this, the SOP says.
If a victim comes on his/her own without any FIR, he or she may not want to lodge a complaint but doctors are bound to inform the police. However, neither any court nor police can force the victim to undergo medical examination which has to be carried out with their consent.
The SOP says survivors of sexual violence will receive all services completely free of cost which includes OPD, in-patient registration, laboratory and radiology investigation, urine pregnancy tests, medicines and any other procedure. The case papers have to be marked as 'free' by the doctor.
The protocol also says the victims have a right to privacy and confidentiality. ''Media should not be allowed to interact with the survivor or victim inside the hospital premises. Only head of the medical institution can," it adds.
The SOP looks to provide support to victims, mostly women and minor girls, in four stages - immediate healthcare, safety, legal aid and long-term assistance.
To provide safety and protection, the doctors have been mandated with informing the One Stop Centre. Alternately, they can also contact the Protection Officers, Child Welfare Committees or the police. All records have to be kept confidential.
The SOP also seeks the police to immediately attend to the cases by taking victims to health facilities, collect samples or evidence and make deployment of a head constable to assist the cases. Police cannot remain present in the examination room.
Under the protocol, woman and child survivors and victims are entitled to free legal aid which will include payment of various fees. It also lays down 11 categories under which survivor or her dependants are entitled to compensation under the Odisha Victim Compensation Scheme, 2012.
The SOP gives transgender victims the option to seek medical examination under a doctor - either male or female.