The division bench of jusice AP Lawande and justice PD Kode admitted the petition and asked the ministries of health and law and judiciary of both state and the Union to file their replies in four weeks.
The Nagpur bench of Bombay high court has issued notices to the Union as well as the state government over a PIL which seeks uniform protocol for forensic medical examination in the cases of sexual assault, and special training to doctors in collection and recording of medical evidence in such cases.
Dr Ranjana Pardhi, chairperson of Child Welfare Committee, and advocate Vijay Patait have filed the petition, contending that very often culprits in sexual assault cases are acquitted because of faulty collection of medical evidence, and incorrect reports.
The division bench of jusice AP Lawande and justice PD Kode admitted the petition and asked the ministries of health and law and Judiciary of both state and the Union to file their replies in four weeks.
The petitioners have demanded that doctors and para-medics be trained in the special forensic examination of rape-victims and of the accused as per the WHO guidelines.
The PIL says, citing various reports, that doctors and nurses lack training in performing medical examination of sexually assaulted victims; and there is no uniformity in preparation of medical reports in such cases. Nor is there any protocol for procedures of such examination, it says.
The PIL relies on a report prepared by Dr Indrajit Khandekar, assistant professor of Forensic Medicine, Mahatma Gandhi Institute of Medical Sciences, Wardha. Khandekar studied several medical reports in rape cases before coming out with his findings, PIL says.
According to Dr Khandekar, WHO has issued guidelines and a protocol regarding medical examination of rape victims, and has recommended a format for recording the information. Many countries of the world have adopted these guidelines and India should follow suit, Dr Khandekar contends.
Petitioners argue that MBBS students are neither given opportunities to witness examination of such victims nor are they given adequate training on how to record the details.
The medical officers conducting examination on such victims have no knowledge about precautionary measures to be taken to avoid pregnancy and sexually transmitted diseases (STDs), the PIL says.
Even the Supreme Court and high courts had expressed anguish over lack of proper medical evidence of sexual assault which leads to acquittals, it says.
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