Allahabad High Court Takes Serious Note Of The Delay In The Medical Examination Of Rape Victim
By Rajesh Pandey
Taking serious note of undue harassment of rape victims due to delays in their medico-legal radiological examination, primarily caused by the non-availability of radiologists in various districts across the state, the Allahabad High court emphasized on the need for proper appointment and transfer policy of government doctors in the state.
Justice Krishan Pahal, taking note of the fact that while some districts had no radiologist, though others had more than one, observed, “From bare perusal of the list filed by the principal secretary, medical health and family welfare, government of Uttar Pradesh,
It speaks volumes about the disproportionate posting of radiologists across the state. Concentrating 78 radiologists in a single district like Lucknow, while leaving other districts without even one, does raise serious concerns about equitable distribution of medical resources.
The court was hearing a bail application of one Prakash Kumar Gupta against whom a girl’s father lodged FIR that he had abducted and raped her 13 year old minor daughter but girl had claimed that she had gone with applicant on her own sweet will and later, girl was found to be 19 years old i.e. of consenting age in ossification test but due to false averments regarding girl’s age, man remained in jail for six months.
At one point in time, Wirl claimed that she was 19 years old and not 13 years old as claimed by her father.
According to the girl, as per law, she can have a relationship with a man, and hence, Gupta did not commit any crime as she left her father’s house at her own free will and accompanied Gupta to his house.
After which, court directed CMO, Ballia for ossification test of the girl but due to non availability of radiologist at Ballia, she was taken by officers to Varanasi, where health department at Varanasi refused to conduct her test raising a technical ground that court had directed state government doctor at Ballia and not Varanasi to perform the test and give its report.
The court in its order dated February 4 said, “The radiologists have wilfully disregarded the constitutional mandate by refusing to perform the radiological examination of the victim, thereby undermining the victim’s right to timely and adequate diagnosis.
The doctors cannot refuse the radiological examination of a victim due to a lack of jurisdiction, just as they cannot decline on the grounds of caste, gender, etc.
