TEAM HERALD
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NEW DELHI: The Government has come out with the detailed 84-page guidelines with eight necessary forms on the medical examination of the sexual assault victims that require doctors to examine them if they report to hospital first without any FIR (First Information Report) and then inform the police.
“In the past rape survivor examination was only done after receiving police requisition. Now the police requisition is not mandatory for a rape survivor to seek medical examination and care,” say the guidelines on “Forensic medical care for victims of sexual assault,” notified by the Department of Health Research in the Health Ministry.
The notification covering the changes in the law to guide doctors step-by-step to treat, examine and collect evidence was issued on December 16 on the first anniversary of the gang-rape on a medico student in a bus in Delhi that triggered a nationwide outrage.
Stressing that the guidelines do not replace the standard textbooks in the field, the notification says they rather supplement for adoption by the healthcare providers anywhere in the country who attend to the victims of the sexual assault.
The guidelines warn doctors not to use the term “rape” in their medical reports as it is not a medical diagnosis but a legal devision. “No doctor should opine in medical reports on whether rape occurred or not. Even he should not depose in court on the same issue. Opinion must be evidence based,” stating precisely the reasons for each conclusion.
The guidelines also warn not to carry out the finger test of the victim to give opinion whether she is habituated to sexual intercourse or not. “The procedure is degrading
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and medically and scientifically irrelevant…as information about past sexual conduct has been considered irrelevant to the case in several judgments. It’s unlawful interference with her privacy and unlawful attack on her honour and reputation and is violative of her human rights.”
It has been also stressed that doctors should always keep in mind that “normal examination findings neither refute nor confirm the forceful sexual intercourse” as it is possible without leaving any medical evidence. Absence of injury occurs in consensual as well forced sexual intercourse.
Citing the recently amended Criminal Procedure Code (CrPC) to include a new section 357-C, the guidelines say it is now mandatory for all hospitals, public or private, to immediately provide the first-aid or medical treatment free of cost to the victims and inform the police, failing which the person faces jail up to one year with fine or both.
“The victims have faith and respect for the medical practitioners, who should be responded by humanly, empathetic approach without ignoring technical procedure related to the legal provisions,” stresses introduction to the guidelines, recommending two or three days of training to all doctors and paramedics or nursing staff involved in the forensic medical examination of cases of sexual assault.
The guidelines say the doctor has to give the patient a structure explanation of what the examination and procedures comprise and seek her written consent or that of guardian or parent if she is under 12 or unable to give consent due to mental disability, unsoundness of mind or under intoxication.
It is made amply clear that “no one including court or police can force alleged victim of sexual assault to undergo examination” and hence the necessity of the informed consent. The consent of parents or guardian is not taken if they had committed the sexual assault and in such case consent of the Superintendent or RMO (resident medical officer) is taken.
The consent form states in the declaration that “I have been also informed that I can refuse the whole or part of the examination at any stage.” It is, however, not applicable in case of accused who had to compulsorily undergo the medical examination. The doctor has to also obtain the history of the assault from the victim in her own words.
The guidelines then go on to explain the general physical examination, injury examination, local examination of genitals, anus and oral cavity, specific examination, collection of forensic evidence, provisional and final opinions, treatment and follow-up case, eight do’s and don’ts for medical officers and the relevant laws.
The do’s and don’ts for doctors make it clear “not try to become an investigator but remain a person of science, that “trial of the case has to be done by court, not by you” and “do not disclose the identity of the victim and findings to any unauthorised person.”
