Remind doctors of their duty on Medical Examinations: HC directs Govt

Such directions came from the High Court bench whole it took note of the callous attitude of government doctors and their negligence in this regard.

In fact, the bench has directed the Principal Secretary of Health for taking action against a doctor employed at the Taluk Government Hospital, Jagular, who examined such a minor sexual assault victim and issued a certificate in this regard.

"The Registry is directed to send a copy of this order along with the copy of the Sexual Assault Certificate, which is produced along with the petition to the Principal Secretary, Health Department, for taking action against the doctor and also to issue appropriate circular and direction to the Medical Officers, who are working in the entire State regarding their duties and responsibilities when the child victim is produced before the doctor for their opinion for sexual penetration assault," noted the bench comprising of Justice H.P. Sandesh.

The High Court bench was dealing with bail applications filed by two accused booked under the POCSO ACT.

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In one of the two cases, the accused had eloped with a minor girl and had allegedly committed sexual intercourse forcibly. After being rescued, the minor girl had been subjected to medical examination within a span of 10 days. On perusal of the certificate, the court noted that the doctor had not given the opinion, but he had given the opinion that pending till the FSL report is obtained.

Taking note of the sexual assault certificate issued by the doctor, the High Court directed to keep the doctor present before the court regarding the non-furnishing of the opinion. However, during hearing, there was no answer from the doctor regarding non-furnishing of opinion regarding sexual assault and issuance of certificate.

Unimpressed, the court noted, "The doctor who examined her regarding history of sexual assault, on physical examination, says that no injuries noted in external genetalia. But nothing is found in the certificate whether hymen is intact or not, whether she is subjected to sexual act or not and no finding is given by the doctor. The doctor has issued the Sexual Assault Certificate and when the doctor is enquired before the Court as to what is meant by Sexual Assault Certificate, which he has issued, he kept quiet and not answered to the Court since nothing is found in his report whether she was subjected to sexual act or not and not given opinion and only says FSL report is pending and hence report is not given."

"The FSL report is in respect of collection of pubic hair and clothes and if any semen stains on the clothes and no report is given regarding physical examination i.e., genetal examination of the victim. The very purpose of subjecting the victim girl for medical examination is defeated since the doctor has not given the report. But he issues the Sexual Assault Certificate and no opinion is given," further observed the bench.

Taking note of the "callous attitude and negligence on the part of the doctor" the bench noted that "when the victim was subjected for medical examination, but no report is given and no provisional report is also given whether she was subjected to sexual act or not."

Mentioning it to be a "classic case of negligence", the bench directed the Principal Secretary of Health to initiate the appropriate proceedings against the doctor, who had issued Sexual Assault Certificate.

"The Registry is directed to send this order along with the Sexual Assault Certificate issued by the doctor, Taluk Government Hospital, Jagalur, Davanagere District to the Principal Secretary, Health Department," read the order.

Further directing then government to issue circular to the doctors, the bench noted, "The Principal Secretary, Health Department, is directed to issue circular as observed in this order as well as the earlier order passed by this Court about the duties of the doctor or otherwise the very purpose of producing the victim before the doctor for examination would be defeated."

Similar directions had been issued by the court in the other case as well. In that case, the doctor who had examined the victim had stated that the hymen was not intact but the doctor had not given any provisional opinion on whether the victim was subjected to sexual assault or not, adds New Indian Express.

Two days after the alleged incident on December 5, 2020, the victim had been examined by the doctor. However, the court observed that in spite of this, the doctor had not opined whether she had been subjected to sexual assault or not.

Taking note of the fact that the doctor, who was then employed at KC General Hospital has now resigned and is now practising privately, the bench opined that the doctor had forgotten the duty entrusted to her for giving a report when the victim was subjected to a medical examination. So, the bench directed the Principal secretary of Health to issue a circular in this regard.

To read the court order, click on the link below.