Karnataka High Court Advocates Female-Only Doctors for Rape Victims

The Karnataka High Court has urged an amendment to Section 184 of the BNSS to ensure that adult rape victims are examined solely by female doctors. The court emphasized the importance of handling rape victims with sensitivity and rejected the bail application of an accused, stressing the need for privacy and proper medical reporting.

The Karnataka High Court has called on the Central government to amend Section 184 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) to ensure adult rape victims are examined exclusively by female doctors, thereby protecting their right to privacy. Justice M G Uma from the bench directed both the Central and State governments to ensure that until the amendment is made, medical examinations of rape victims should be conducted by or under the supervision of registered female medical practitioners.

The Court emphasized the need to educate and sensitise police officials, prosecutors, doctors, medical personnel, and judicial officers on handling rape cases with sensitivity. This directive was issued while rejecting the bail application of Ajay Kumar Bhera, accused of rape and attempted murder. Medical evidence showed that the victim sustained injuries while defending herself, leading the court to conclude Bhera's responsibility for the crime and deny his bail request due to the severity of the offense.

It was noted that a male medical officer conducted the victim's medical examination, lasting six hours without a proper explanation or opinion. The court underlined the necessity of victim-friendly examinations and the respect for rape victims' privacy by both police and medical staff. They also highlighted that Section 164-A CrPC has been replaced by Section 184 BNSS but criticized the outdated provision for causing injustice and embarrassment to sexual assault victims.

Furthermore, the court urged higher judicial authorities to push for amending Section 184 BNSS and to ensure that educational programs for sensitisation and accountability are implemented. It also insisted on hospitals providing computer-generated or clearly written medical reports, emphasizing their importance in legal proceedings.

(With inputs from agencies.)