Medical examination of rape victim in india. Medical Examination Of Rape Victims News 2022-10-17
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The medical examination of a rape victim in India is a crucial aspect of the legal process, as it provides important evidence that can be used to identify and prosecute the perpetrator. In India, the law requires that a rape victim undergo a medical examination as soon as possible after the incident, and this examination is typically conducted by a trained medical professional, such as a doctor or nurse.
The medical examination of a rape victim in India typically involves a thorough physical examination, as well as the collection of various types of evidence, including samples of blood, urine, and other body fluids. The medical professional may also take photographs of any injuries sustained by the victim, and may collect other physical evidence, such as clothing or bedding, that may contain DNA or other forensic evidence.
The medical examination of a rape victim in India is an extremely sensitive and personal process, and it is important that the victim is treated with the utmost respect and sensitivity throughout the process. It is also important that the victim is provided with emotional support and counseling, as the trauma of the rape can have a lasting impact on their mental and emotional well-being.
In addition to the medical examination, the victim may also be required to undergo a psychological evaluation, which can help to identify any emotional or psychological trauma that may have been caused by the rape. This evaluation may be conducted by a trained psychologist or mental health professional, and can help to ensure that the victim receives the necessary support and treatment to cope with the aftermath of the rape.
Overall, the medical examination of a rape victim in India is an important aspect of the legal process, as it provides crucial evidence that can be used to identify and prosecute the perpetrator. It is essential that the victim is treated with the utmost respect and sensitivity throughout the process, and that they are provided with the necessary support and counseling to help them cope with the trauma of the rape.
Two Finger Test While Examining a Victim of Sexual Offence
Such a test should be strictly prohibited by the government by enacting amended laws which are to be uniformly applied over the country. The Court held that the collection of evidence by means of medical examination and any other techniques such as DNA profiling, Brain Mapping, Polygraph test should be limited to the extent of incriminating the accused. Only in life-threatening situations, as defined by Section 92 of the IPC, may the doctor proceed with the examination without the patient's consent. The study also found that some victims experienced obstacles and harassment from the police in registering FIRs. Commissioner CH Nagaraju said all four accused in the case were taken into custody and their arrest will be recorded soon.
Medical Evidence in Rape Cases and Poor Court Outcomes
The medical examination of a rape victim lay down important duties both on the doctors and the judges. Examination of the entire body surface is to be conducted for injuries, fractures, nail abrasions, teeth bite marks, cuts, boils, lesions, discharge, weapon infection, or stains. It is time we take a second look at medical evidence and broaden the discussion on it by looking at it from a different perspective. The police can request a registered medical practitioner to conduct the examination. Conclusion The conviction rate in rape cases of India speaks for itself.
The examination includes testing his blood, sputum, urine etc. If the value exceeds more than 1 crore rupees, the National Commission needs to be approached. It would prove to be important evidence for the Police as well as the victim in proving the rape. The report also said that medical examinations were not carried out within the guidelines set by the Ministry of Health and Family Welfare MoHFW. The test was completely contrary to the guidelines which were adopted by the Madhya Pradesh guidelines.
Shubham Pant takes us through the existing provisions in the Indian law in connection with medical examination in the case of sexual assault and rape. It not only violates the right of privacy of the victim but it also affects her mental, physical and ethical status. They are be advised to be collected for age estimation. After the report has been written, the doctor is required to forward it to the Investigation Officer involved in the case. A thorough medical examination includes a search of wounds, strangulation marks or other signs of coercion and threat. When a person is accused of rape and it deems fit that medical can provide evidence for commission of offence, it is legal for medical practitioner of a govt hospital or local authority to conduct the medical test. The hymen may not be ruptured if the penetration was not full, hymen is tough, fleshy, elastic, female is deflorated, victim happens to be a female child as the hymen is deeply situated.
Genital swabs were collected in 23 cases. They should ensure the safety and see that there is no arbitrary or unlawful interference with the privacy of the victim. The question of potency arises in civil courts for cases like disputed paternity, adoption, nullity of marriage, and divorce. Police have also booked the principal for negligence. The language used in this Section is gender specific and literally refers only to female victims of rape. Furthermore, the right to privacy of the accused should not be infringed. When a crime takes place it is necessary to examine the victim of that crime to collect evidence which will further lead to prove that crime has taken place.
Importance Of Medical Examination Of Rape Victims: From The Perspective Of CrPC
It recommended that only those garments that were connected with the crime must be taken for purposes of forensic examination. The medical examination report is vital for proving the side of the victim and delivering justice. The medical examination concept has evolved all over the world considering the importance of the evidence collected after the examination of the accused or victim. Doctors are asked not to use word rape in their opinion, as it is a legal definition and not a medical diagnosis. See Guidance Documents for Police, Judiciary and Public Prosecutors, Centre for Enquiry into Health and Allied Themes CEHAT, 2018.
Medical examination of rape victims not in accordance with ministry rules: Study
The IO then forwards it to the Magistrate empowered to take cognizance of the offence on a police report. The changed rape laws identify all the limitations, but it is all on paper. The victim can file an online complaint here at the Medical Council of India MCI. All evidence gathered during the examination, such as the woman's clothes, vaginal swabs, anal opening swabs, pubic hair sample, foreign material, nail scrapings, and swab sticks, must be placed in an envelope and handed over to the police or judicial Magistrate. The important provisions for this section are: Who Can Conduct the Examination? Police have now registered one more FIR against him.
Procedure for Victim’s Medical Examination under CrPC
Ram Swaroop Pathak vs. The report also stressed on the need for victim-witness protection from the accused and their relatives. Manjanna In the year 2005, Section 164A was amended to the Criminal Procedure Code. However, only nine states have adopted these guidelines. The procedure envisages about the medical practitioner presence in the vicinity of the place of commission of offence but if the offence is committed in the remote area where there is no access to medical facilities, then what are the possibilities that can be exercised should also be looked into. Medical procedures should not be carried out in a manner that constitutes harsh, inhuman, or degrading treatment and health should be of paramount consideration while dealing with gender-based violence.
Norms not followed in medical examination of rape victims, says study
However, when it comes to rape victims, the evidence that is found on the body can get tampered with the passage of time, and hence it should be treated as an emergency. Such an examination is not required in case of a minor; where there are no signs of penetration or visible injuries. Look for signs of struggle or application of force such as torn, marks cut, tear, rip, wear and tear, loss of buttons. Any injury, swelling, bleeding, discharge or stain near anus, anal opening and oral cavity should be examined and recorded. In the remaining 13 of the 43 cases where the CA report was submitted to the court, the forensic reports were negative and nothing conclusive came out from the genital swab collected at the hospital during the medical examination. After some days considering the gravity of his act, he surrendered to the police. Two, only allopathic government doctors, registered with the Medical Council of India are allowed to conduct the examination.
