Issue norms for doctors who hold medical exam: Karnataka HC

However, the doctor did not give an opinion on whether she was sexually assault or not, the court observed.
Karnataka High Court
Karnataka High Court

BENGALURU: The Karnataka High Court directed the Principal Secretary to the Health Department to issue a circular reiterating the duties of doctors who conduct medical examination and prepare reports in cases where there may have been sexual assault. The court passed the order after taking note of instances where doctors showed callousness while preparing a medical report on whether a minor victim was subjected to sexual assault or not.

Referring to a case which came to the notice of the court during the hearing of the bail plea of one Pradeep, who has been booked by the Ramamurthy Nagar police under POCSO Act and IPC, Justice HP Sandesh noted that the victim, in her statement, had not stated whether she was subjected to sexual assault or not. According to the prosecution, she was subjected to sexual assault on December 5, 2020 and a doctor examined the victim two days later. However, the doctor did not give an opinion on whether she was sexually assault or not, the court observed.

The court also noted that the doctor, who appeared before the court, said that she has resigned from service at the KC General Hospital and was practising privately now. The doctor had forgotten the duty entrusted to her and to give a report when the victim was subjected to medical examination. Hence, it is appropriate that the Health Secretary issue a circular, the court said.

Expressing similar views while rejecting the bail plea of Thippeswamy from Davanagere, who was arrested under the POCSO Act for sexual assault on minor girl, the court directed the registry to ask the Health Secretary to also take action against the doctor concerned.

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