Two years ago this month, when a mother set out to have her child examined and treated, the experience was nightmarish. She was first turned away from a government hospital who said they had no specialist. Then, she was turned away from a private hospital who refused to examine her two-year-old. With another infant in arms, the mother had to travel across the city to yet another government hospital to have her child seen to.
The reason? “The mother suspected her daughter had been sexually abused,” explains Vidya Reddy of Tulir – Centre for the Prevention and Healing of Child Sexual Abuse.
Invoking POCSO
Three years after the Protection of Children from Sexual Offences Act (POCSO), 2012 and two years after the Criminal Law (Amendment) Act, 2013 came into effect, activists say there continue to be gaps in implementation, as many healthcare professionals are still unaware of the laws.
Under these laws, no sexual assault survivor can be denied treatment at a hospital, whether private or government. Any registered medical practitioner can examine a survivor and must do so with minimum delay, says Jagadeesh Narayana Reddy, one of the members of a committee that drafted the Health Ministry’s guidelines for the law. “To date, private hospitals refuse to take in victims of child sexual assault and refer us to government facilities. In one case, we even had a police officer with us who showed the private doctor a copy of the law, but we were still denied treatment,” says Ms. Reddy.
Apprehensions in private sector
Doctors in the city admit there is apprehension on the part of private hospitals to take in cases of child sexual assault. “The reluctance is primarily because of the legal processes involved,” said a senior doctor at a private hospital.
Another issue is training and know how. “How many doctors have the knowledge to pick up on subtle signs of abuse?” she asks. “Medical personnel – including nurses and paramedics need to be trained to pick up on this,” she said.
Sensitisation and orientation are lacking, even in the government sector say doctors. “The government has been planning to have an orientation programme on the new laws, but this has still not taken place. There have been so many changes made to the law but they have still not percolated down," a senior doctor at a government hospital rues.
What does the law say?
1 Under section 357C of the Code of Criminal Procedure
All hospitals, public or private, whether run by the Central Government, the State Government, local bodies or any other person, shall immediately, provide the first-aid or medical treatment, free of cost, to the victims of any offence covered under section 326A, 376, 376A, 376B, 376C, 376D or section 376E of the Indian Penal Code, and shall immediately inform the police of such incident.
2 Under section 27 of Protection of Children from Sexual Offences Act 2012
The child may be brought to the hospital for emergency medical care as soon as the police receive a report of the commission of an offence against the child. In such cases, the rules under the Pocso Act, 2012, prescribe that a the child is to be taken to the nearest hospital or medical care facility. This may be a government facility or a private one.
No medical practitioner, hospital or other medical facility centre rendering emergency medical care to a child shall demand any legal or magisterial requisition or other documentation as a pre-requisite to rendering such care.
