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Female docs should examine rape victims: CrPC guidelines

 In police hospital, no female doctor to check rape victims

Doctors at the hospital say that medical examination is carried out in the
presence of female nurses or attendants
 SACHIN DAVE


T HE only police hospital in the city to examine rape victims-Nagpada Police
Hospital--has no female doctor to conduct medical examination of the
victims, thus, defying the guidelines of the Criminal Procedure Code (CrPC).
All rape victims in the hospital are being examined by male doctors.

According to the lawyers, guidelines of the CrPC clearly mention that a
female doctor should be examining a rape victim. However, the hospital
authorities say that due to the unavailability of female doctors, the males
have been involved in the procedure of medical examination.

All the rape victims are first sent to the police hospital for medical
examination, a procedure which is compulsory after every rape case, say the
police. The police records state that above 90 per cent of the victims in
the city are taken to police hospital for examination.

Majeed Memon, a senior advocate, said, "It is very unfortunate that there is
not even a single female doctor at the hospital to ex amine rape victims.
The victim, who is already under a great trauma, may face emotional stress
while getting examined by the male doctor. This clearly points out a
lethargic approach on the part of the authorities." But, the doctors at the
hospital say that medical examination is carried out in the presence of
female nurses or attendants. "Before conducting examination, we take victim's
consent and only after she is comfortable, do we proceed. If the victim is
not comfortable, then she is sent to JJ hospital. Reports from our hospital
have helped in the conviction of accused like Sunil More, Chandrakant Pawar
among others," explains Dr SM Patil, police surgeon at Nagpada Police
Hospital.

"Taking consent of the victim hardly makes any difference since she is under
police custody," says Satish Manshinde, a senior advocate. He added, "Not
having a female doctor clearly defies Section 53 and 54 of the CrPC which
mentions that medical examination of a rape victim must be conducted in
presence of a female doctor." According to a senior police official, the
medical examination at the police hospital is convenient than other
hospitals. "In JJ hospital, doctors work in shift and therefore, to obtain
reports on time, one needs to keep a track of the concerned doctor. The
process is time consuming. Whereas, in the police hospital, since doctors do
not work in shifts, it becomes easier for us to obtain reports on time," the
official added.

Joint Commissioner of Police, Administration, Subhash Awate, when asked
about the present situation in the hospital, said, "The rape victim always
have an option of being taken to JJ Hospital for medical examination if she
has any objection. And the recruitment of the medical staff does not fall
under my purview, so I would not like to comment on the recruitment of a
woman doctor.


URL :
http://70.86.150.130/indianexpress/ArticleText.aspx?article=31_03_2007_525_002