The Delhi High Court has issued notices to several central and state bodies, including the Delhi Police, demanding responses on a petition calling for mandatory guidelines for testing both accused and minor survivors of sexual crimes for sexually transmitted diseases (STDs).
In a significant move, the bench comprising Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela has addressed concerns about the health and safety of child survivors in sexual offence cases. The court’s inquiry comes in response to a plea led by petitioner Aishwarya Sinha, who has pushed for a comprehensive legal framework that mandates the testing of sexually transmitted infections (STIs) and STDs in such sensitive cases.
The petition highlights the dire need for immediate medical intervention for child survivors who may be at risk of contracting severe and potentially incurable diseases such as HIV/AIDS, Hepatitis B, and Human Papillomavirus (HPV). It points out the current gaps in the system where medical assistance is not provided within the critical first 72 hours after an incident, even when promptly reported.
The proposed guidelines would detail the responsibilities of various stakeholders, including investigating officers, medical personnel, child welfare committees, and other support staff, ensuring that all parties coordinate effectively to provide necessary medical care and psycho-social support to the survivors.
The plea also seeks a standing order from the Delhi police commissioner that would place the responsibility of arranging for the testing of child survivors squarely on the shoulders of the investigating authorities, alongside designated support persons.
With the matter scheduled for a subsequent hearing on March 28, the court’s decision to step in could mark a pivotal change in how child survivors of sexual offences are treated, focusing on their health and rights to prompt and effective medical care and support.
