Just like any other branch of Medicine, Forensic Medicine is also a specialised subject the very purpose of any specialised subject of medicine is to offer specialist knowledge and skills for the welfare of the human health. Forensic Medicine has not only this special purpose but also to deliver justice for the rule of law.
First before I start addressing the confusion about who is qualified to conduct sexual assault examination I would like to enlighten the learned policy makers of the vision 2015 medical education plan the golden truth about rape “ It’s a legal definition and not a medical diagnosis “Just like any other branch of Medicine, Forensic Medicine is also a specialised subject the very purpose of any specialised subject of medicine is to offer specialist knowledge and skills for the welfare of the human health. Forensic Medicine has not only this special purpose but also to deliver justice for the rule of law.
The subject of OBG deals with the sexual life of the women and the diseases of female genital system it has got no connection with the examination of the victim of rape. The examination of the victim of rape is a medico legal investigation and it comes under the preview of the Forensic Medicine only. This Medico legal investigation should be conducted as early as possible to collect the evidence but also should be conducted by the medico legal specialist to interpret the evidence correctly and scientifically which is not possible by the specialists of OBG or any other specialist from other branches of medicine.
As the availability of the Forensic Medicine Specialist throughout the country is not as easy compared to specialist from other branches
Sec 164(A) CRPC was amended in 2005 with regard to the medical examination of the victim of rape which states that examination to be conducted by a Registered Medical Practitioner working in a government hospital or managed by local municipal or corporation authorities. If no such practitioner is available in time, the alleged victim has to be sent to any RMP within 24 hours with the prior consent of the alleged victim or her local guardian.
53 CRPC (A) examination of the accused by medical practitioner at the request of the police officer and to use such force as is reasonably necessary for that purpose.
53 CRPC (B) examination of female accused to be made only by or under the supervision of a female registered Medical practitioner.
What are the draw backs? When doctors from OBG are asked to teach/conduct medical examination on a rape victim
- To teach sexual assault examination to UG students, OBG specialists need to gain training and experience in examining cases of sexual assault and understand the various legal aspects. Remember training in sexual assault comes with practise and to practise the OBG specialist need to start examining cases of sexual assault and attend courts to give evidence.
- What is priority for OBG staff? Treating patients in labour and other gynaecology problems or to examine cases of sexual assault. Are they ready to answer and deal with the Police, Public and Press?
- Conducting a through sexual assault examination and meticulous collection of forensic samples, body charting, photography of the evidence will take easily three hours on a average per case depending upon experience and another day or two drafting a medical report, will the OBG specialist not think about utilizing this precious time in their private practise which is more economically viable than wasting time for nothing doing judicial work.
- If MCI allocates rape examination to OBG staff then in cases of homicide involving sexual assault there is every possibility for the Forensic Medicine specialist to ask for a OBG specialist to attended the mortuary to collect evidence and document sexual assault saying its outside the scope of his practise and that he or she would only determine the cause of death
- Please remember complaints are now brought against Forensic Doctors in the United Kingdom and other western countries in the court of law sighting negligence by the alleged victim or her relatives when Forensic Doctors have grossly proved to have failed in collecting forensic samples or conducting proper forensic examination which has resulted in the acquittal of the cases in the court. Are these OBG specialists ready for these problems? It’s a question of time when such scenario happens in India with someone bringing a civil case against a doctor for improper forensic examination.
- It’s a well known practise in developed countries the forensic sampling and examination in cases of sexual assault is done by a Forensic Medical Examiner and not someone from OBG department.
- What about our rural population who are more likely to be sexually assaulted do they need to await a specialist in OBG to conduct examination on them?
- Majority of the Autopsies are done by PHC Medical officers in the present scenario they are also required by law to conduct sexual assault examination what kind of examination can you expect from them if forensic medicine is neglected during training and taught by unqualified people.
- Just like diseases affect all humans the same hold true for crime it can happen to anybody irrespective of rich or poor, educated or illiterate, people living in urban or rural it has no religion or sex.
- The officers in the MCI should not forget the golden rule “There is only one way to be born but many ways to die”. It will be committing a blunder in pushing the subject of Forensic Medicine into dark ages in India at such a time when this subject is the only hope for the very existence of a civilised society in India.
Professor K W D Ravi Chandar BSc, MB BS, DFM, MD, DNBFM, FICMT
Principal,
Subbaiah Institute of Medical Sciences Shimoga,
Karnataka State,
India.
Note: Professor K W D Ravi Chandar has conducted the highest number of sexual assault examination in Karnataka and Hyderabad Karnataka regions.
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