Karnataka High Court Calls for Amendment to Ensure Rape Victims Examined Only by Female Doctors
In a significant ruling, the Karnataka High Court has urged the Central government to amend Section 184 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) to mandate that adult rape victims are examined solely by female doctors. Justice M G Uma of the single-judge bench emphasized the necessity of safeguarding the privacy of rape victims, directing that until the amendment is made, medical examinations must be conducted by or under the supervision of female registered medical practitioners. The court also mandated the education and sensitisation of stakeholders, including police officials, prosecutors, doctors, medical personnel, and judicial officers, to ensure the sensitive handling of rape victims.
This directive was issued while rejecting the bail application of Ajay Kumar Bhera, accused of rape and attempted murder. Justice Uma highlighted medical records that corroborated the victim’s account, showing she had injured the accused during the incident. The court noted the serious nature of the offence and the substantial evidence against Bhera, thus denying his bail request. Furthermore, the court criticized the unchanged provision in the BNSS, which allows examination by any registered medical practitioner, causing significant injustice and embarrassment to sexual assault victims.
The court underscored the importance of victim-friendly examinations and the right to privacy for rape victims. It pointed out that the victim’s examination, conducted by a male medical officer, lasted six hours without any clear explanation. Emphasising that female accused have privacy rights under Section 51 BNSS, the court called for similar protections for victims. It also stressed the need for regular sensitisation of judicial officers and accountability measures for lapses. Additionally, the court directed hospitals to provide computer-generated or written medical reports, as the current illegible reports hinder the investigation and legal process.
Pic Courtesy: google/ images are subject to copyright
