In a landmark ruling, the Karnataka High Court has directed the Central Government to amend the Bharatiya Nagarik Suraksha Sanhita (BNSS) to ensure that adult female victims of sexual assault are examined exclusively by female doctors. This directive aims to safeguard the privacy and dignity of rape victims during medical examinations.
Background of the Case
The directive came while the court was hearing a bail application filed by Ajay Kumar Behera (Criminal Petition No. 4074 of 2024), who is accused of committing rape and attempted murder. The case, registered under Crime No. 271 of 2023 at Jigani Police Station, Bengaluru, involved serious allegations of sexual assault against Behera, a 19-year-old resident of Manchenahalli Village, Jigani Hobli, Anekal Taluk, Bengaluru.
Legal Issues Involved
The primary legal issue addressed by the court was the inadequacy of the existing legal framework under Section 184 of the BNSS, which mirrors Section 164A of the repealed Code of Criminal Procedure (CrPC). Both provisions allow any registered medical practitioner, regardless of gender, to conduct medical examinations on rape victims. This is in stark contrast to the Protection of Children from Sexual Offences (POCSO) Act, which mandates that female child victims be examined only by female doctors.
Court’s Observations and Decision
Justice MG Uma, presiding over the case, highlighted several disturbing aspects of the current legal provisions and their implementation. The court noted that the victim in this case underwent lengthy medical examinations at multiple hospitals, including a six-hour examination by a male doctor at Vanivilas Hospital, Bengaluru, without receiving a provisional medical report.
Justice Uma emphasized the inconsistency in the law, pointing out that while female accused persons are protected by provisions ensuring their examination only by female doctors, adult female victims of sexual assault do not enjoy the same protection. The court stated:
“There is absolutely no reason as to why similar requirement 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.โ
The court further remarked on the broader implications of this disparity:
“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.โ
Directive to Amend BNSS
In light of these observations, the court directed the Union and State governments to propose an amendment to Section 184 of the BNSS to mandate that medical examinations of adult female rape victims be conducted only by or under the supervision of female registered medical practitioners. Until such an amendment is enacted, the court instructed that all medical examinations of rape victims must adhere to this guideline.
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Parties and Representation
– Petitioner: Ajay Kumar Behera, represented by Advocate Abishek NN.
– Respondent: State of Karnataka, represented by Special Public Prosecutor BA Belliyappa and Government Pleader KP Yashodha.
