NAGPUR: Maintaining its tough stand over forensic medical examination (FME) of rape/sexual assault survivors, Nagpur bench of Bombay High Court directed the Maharashtra government to ensure proper implementation of new guidelines framed on May 10 last year. "The state departments of health and family welfare, law and judiciary, and home are directed to take necessary steps within eight weeks," a division bench of justices Bhushan Gavai and Atul Chandurkar stated.
"The respondents should also ensure that hereafter forensic examination of the rape/sexual assault survivors should be scrupulously done as per new guidelines," the judges ordered before disposing of the PIL filed by Child Welfare Committee chairperson Dr Ranjana Pardhi and lawyer Vijay Patait.
They had approached the court through counsels Kalpana and Swapnil Pathak citing a report of associate professor at Department of Forensic Medicine at Sevagram-based Mahatma Gandhi Institute of Medical Sciences (MGIMS) Dr Indrajit Khandekar titled 'Pitiable and horrendous quality of forensic medical examination of sexually assaulted victims'.After court's directives, the government constituted a ten-member committee under Dr SD Nanadkar to study sexual assault protocols and forms that should be used for forensic examination and also preparing their standard formalities. The panel was asked to take into consideration suggestions from Dr Khandekar and Mumbai-based NGO CEHAT that had filed an intervention.
Based on its recommendations, a Government Resolution (GR) was issued on May 10, 2013, for implementing new guidelines, manual and format for forensic examination while citing court's directives. The new guidelines did away with the unscientific and heavily criticized finger test used by the doctors to ascertain whether the 'woman was habituated to sexual intercourse'. For the first time in the country, the responsibility of forensic examination was to be handed over to Forensic Medicine Department in medical colleges. For this purpose, doctors from forensic department would remain on call round-the-clock and responsibility for its proper implementation was given to college deans.
CEHAT had raised objections on new guidelines stating that height and weight details of the survivors along with examination of genitalia were not necessary. The government then informed that those would be considered after receiving feedback of the healthcare providers actually examining the cases. The court asked the intervener to approach the government with suggestions.
An elated Pardhi told TOI that the verdict would go a long way in improving dismal conviction rate. She also cautioned that government machinery could never be trusted and it was very difficult to change their mentality. "There needs to be monitoring for at least six months on whether the new guidelines are being properly followed, else we will file a contempt plea," she said.
What the GR says
* Doctors would not ascertain whether survivor was habituated to intercourse or not and would not use word 'rape', as it was a legal definition and not a medical diagnosis
* Names of samples, its preservative and purpose of analysis for forensic lab is to be printed on form that has to be sent to FSL (forensic science lab)
* Provision for DNA analysis has been done. Earlier there was no provision for collection of sample
* A separate form for medical management as a checklist has been provided
* Gives scope to generate computer printed forensic report through new software
* Provision for forensic exam even if victim reports the matter on her own to the hospital without any police report
* Civil surgeon and district health officer must inform to public about designated hospitals for such exam through media
* Specially drafted chart for preservation of samples for sexually transmitted diseases (STD)
Print Page
"The respondents should also ensure that hereafter forensic examination of the rape/sexual assault survivors should be scrupulously done as per new guidelines," the judges ordered before disposing of the PIL filed by Child Welfare Committee chairperson Dr Ranjana Pardhi and lawyer Vijay Patait.
They had approached the court through counsels Kalpana and Swapnil Pathak citing a report of associate professor at Department of Forensic Medicine at Sevagram-based Mahatma Gandhi Institute of Medical Sciences (MGIMS) Dr Indrajit Khandekar titled 'Pitiable and horrendous quality of forensic medical examination of sexually assaulted victims'.After court's directives, the government constituted a ten-member committee under Dr SD Nanadkar to study sexual assault protocols and forms that should be used for forensic examination and also preparing their standard formalities. The panel was asked to take into consideration suggestions from Dr Khandekar and Mumbai-based NGO CEHAT that had filed an intervention.
Based on its recommendations, a Government Resolution (GR) was issued on May 10, 2013, for implementing new guidelines, manual and format for forensic examination while citing court's directives. The new guidelines did away with the unscientific and heavily criticized finger test used by the doctors to ascertain whether the 'woman was habituated to sexual intercourse'. For the first time in the country, the responsibility of forensic examination was to be handed over to Forensic Medicine Department in medical colleges. For this purpose, doctors from forensic department would remain on call round-the-clock and responsibility for its proper implementation was given to college deans.
CEHAT had raised objections on new guidelines stating that height and weight details of the survivors along with examination of genitalia were not necessary. The government then informed that those would be considered after receiving feedback of the healthcare providers actually examining the cases. The court asked the intervener to approach the government with suggestions.
An elated Pardhi told TOI that the verdict would go a long way in improving dismal conviction rate. She also cautioned that government machinery could never be trusted and it was very difficult to change their mentality. "There needs to be monitoring for at least six months on whether the new guidelines are being properly followed, else we will file a contempt plea," she said.
What the GR says
* Doctors would not ascertain whether survivor was habituated to intercourse or not and would not use word 'rape', as it was a legal definition and not a medical diagnosis
* Names of samples, its preservative and purpose of analysis for forensic lab is to be printed on form that has to be sent to FSL (forensic science lab)
* Provision for DNA analysis has been done. Earlier there was no provision for collection of sample
* A separate form for medical management as a checklist has been provided
* Gives scope to generate computer printed forensic report through new software
* Provision for forensic exam even if victim reports the matter on her own to the hospital without any police report
* Civil surgeon and district health officer must inform to public about designated hospitals for such exam through media
* Specially drafted chart for preservation of samples for sexually transmitted diseases (STD)
No comments:
Post a Comment