NEW DELHI: In a move towards safeguarding child survivors of sexual abuse, the Delhi High Court has sought responses from the Centre and Delhi Police on a plea demanding structured guidelines for testing the accused and minor survivors for sexually transmitted diseases (STDs).
A division bench comprising Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela issued notices to the Union Ministries of Home Affairs and Health & Family Welfare, along with the Delhi government, Delhi Police, and the Delhi Commission for Protection of Child Rights (DCPCR). The court has scheduled the next hearing for March 28.
The petition, filed By Aishwarya Sinha and others, underscores the pressing need for a legal framework that defines the responsibilities of investigating officers, hospitals and child welfare committees in ensuring prompt medical examinations and treatment for minor survivors. The plea argues that such a framework would prioritise the health and well-being of child survivors, minimising long-term health risks.
Advocate Kajal Dalal, representing the petitioners, emphasised that child survivors of sexual assault often fail to receive immediate medical attention within the critical first 72 hours, even when cases are reported promptly.
The absence of timely testing and treatment, particularly for incurable infections like HIV/AIDS, Hepatitis B, and Human Papillomavirus (HPV), leaves survivors vulnerable to severe health complications. The petition urges the Delhi Police Commissioner to issue a standing order explicitly placing the onus of STD and STI testing on the investigating agency.
It also calls for an integrated approach, ensuring collaboration between law enforcement, medical professionals, and support persons appointed by the appropriate authorities.
The plea also demands immediate medical aid, psycho-social support, and specialised counselling for affected children, reinforcing the necessity of a trauma-sensitive approach in handling such cases.
Plea demands immediate medical aid
The petitioner sought for administering immediate medical aid and psycho-social support to child survivors who might be at risk of contracting such diseases aside from counselling. Plea sought a direction to police commissioner to issue a standing order indicating the onus of the testing for STIs and STDs was on the probe agency, in coordination with support persons as designated by the appropriate authority