Bangalore. The Karnataka High Court has urged the Central Government to amend Section 184 of the Indian Civil Protection Code (BNSS) to ensure that adult rape victims are examined only by female doctors so that their right to privacy is protected. A bench of Justice MG Uma directed the Central and State Governments to ensure that the medical examination of rape victims is done by or under the supervision of a registered female doctor until the amendment is made.
The court also directed the authorities to educate and sensitize stakeholders, including police officers, prosecutors, doctors, medical personnel and judicial officers, about the importance of dealing with rape victims with sensitivity. This direction was given while rejecting the bail plea filed by a man named Ajay Kumar Bhera, who is accused of rape and attempted murder.
Rejecting Bhera’s plea, the court referred to medical records that indicated the victim had injured the accused during the incident, which corroborates her statement. Justice Uma said the evidence showed that Bhera was responsible for the crime and rejected his bail plea due to the serious nature of the offence.
The court noted that a male medical officer had conducted the medical examination of the victim, which lasted for about six hours without giving any explanation or opinion. Emphasising on the need for a victim-friendly examination, the court said rape victims have a right to privacy, which must be respected by the police and medical personnel.
Section 164-A of the CrPC (Code of Criminal Procedure), which allowed examination by any registered doctor, has been replaced by Section 184 of the BNSS. The court criticised the unchanged provision, saying it causes great injustice and embarrassment to sexual assault victims. The court said that female accused have the right to privacy under Section 53 of the CrPC (now Section 51 BNSS), which should logically be extended to victims as well.
The court urged the Additional Solicitor General of India and the State Public Prosecutor to advocate for amending Section 184 of the BNSS and educate all concerned parties. The court also stressed the need for regular sensitization of judicial officers and accountability measures for any lapses.
Additionally, the court found that the hospital reports were illegible. The court emphasized that investigators, prosecutors, defense attorneys, and courts often refer to medical reports. It directed hospitals and medical practitioners to provide computer-generated or clearly written medical reports.
Tags: rape of a girl, Karnataka, Karnataka High Court
FIRST PUBLISHED : July 29, 2024, 20:31 IST