Karnataka High Court Advocates for Female Doctors in Sexual Assault Cases

In a landmark ruling, the Karnataka High Court has directed the Union government to amend the Bharatiya Nagarik Suraksha Sanhita (BNSS) to ensure that adult victims of sexual assault or rape are examined by female doctors, safeguarding their right to privacy. The directive was issued by Justice MG Uma on July 15, emphasizing the need for gender-sensitive medical examinations in such cases.

The court order underscored that until an appropriate amendment is made to Section 184 of the BNSS, the medical examination of rape victims must be conducted exclusively by or under the supervision of a female registered medical practitioner. Justice Uma pointed out that Section 184 of the BNSS is a 'verbatim' replica of Section 164A of the now-repealed Code of Criminal Procedure (CrPC), both of which allow any registered medical professional, regardless of gender, to examine adult victims of sexual assault.

This provision, the court noted, contradicts the stipulations of the Protection of Children from Sexual Offences (POCSO) Act, which mandates that minor victims of sexual assault be examined solely by female doctors. Similarly, Sections 53 and 51 of both the CrPC and BNSS require that female accused persons in rape and sexual assault cases be examined only by female medical professionals or under their supervision.

“There is absolutely no reason as to why similar requirements to compel examination of an adult female who is the victim of sexual assault, should not be held only by a female medical practitioner or at least in her supervision and why such victim is being compelled to face the embarrassment to undergo physical examination by a male medical practitioner,” Justice Uma asserted.

The court emphasized the inconsistency in protecting the rights of female accused while failing to extend similar protections to victims. Justice Uma expressed concern over the legislative oversight, noting, “It is very disturbing that when such a right to privacy is recognized even to an accused who is a female, there cannot be any justification for not extending such privilege to the victim. An impression would be created in the mind of the general public that the system is more concerned about the right of the accused than the right of a victim.”

The Court's directive came during the hearing of a bail application filed by Ajay Kumar Behera, an accused in a sexual assault case. The bail application was dismissed, with the court highlighting the inadequate and prolonged medical examination conducted by a male doctor at a private hospital, which lasted six hours without providing a preliminary medical assessment report.

Justice Uma's ruling calls for immediate legislative action to rectify the oversight in the BNSS, ensuring that the dignity and privacy of sexual assault victims are upheld during medical examinations. The Union and State governments have been urged to address this critical issue promptly.

Author: Anushka Taraniya
News Writer