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DNA EXCLUSIVE: Maharashtra doctors to face action over denial of care to rape survivors

No doctor can deny free treatment to survivors of sex abuse and acid attack in state

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Doctors and medical practitioners from the public and private hospitals in Maharashtra cannot deny free medical treatment to the survivors of sex abuse and acid attacks. In the event of a denial, they will be punished under Section 166 (b) of the Indian Penal Code. The section envisages maximum imprisonment up to one year or with fine or both. The state public health department has issued fresh guidelines on January 10 to the effect. These guidelines will also be applicable for free medical treatment to minor victims under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

Doctors and medical practitioners will have to prepare a report and collect samples from the survivors within 96 hours for further examination, according to the norms.

State public health department Under Secretary Roshani Kadam-Patil told DNA, "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 for providing free treatment to victims of sex abuse, acid attack and minors under POCSO Act. Similar instructions need to be given to the private hospitals.'' She said the doctors will have to seek prior permission, understand past history, collect samples, inform the police administration and provide psychiatric counseling to such survivors.

As per the guidelines, the hospitals will have to set up a separate panel comprising 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.

Vikas Adhyayan Kendra's senior member Renuka Kad insisted that there is a need for orientation, sensitization training to all medical staff including government and private hospitals for the better implementation of these guidelines.

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

Advocate Virendra Neve, legal advisor to the Maharashtra State Women Commission observed that hospitals can provide free treatment to such victims from the Indigent Patient Fund. He welcomed the development to initiate punitive action against doctors.

However, Dr. Sanghvi informed that the complete treatment encompasses surgical, medical, plastic surgery and psychiatric rehabilitation of the person. The entire duration of treatment can extend to months or at times years. ''Who will bear this lengthy treatment cost in a smaller hospital and nursing homes which do not have provision for the indigent fund?''

TOUGH NORMS

  • No doctor can deny free treatment to survivors of sex abuse and acid attack in state
     
  • Doctors will have to prepare report and collect samples within 96 of the incident
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