Bengaluru, 27 July

Karnataka High Court has urged the Central Government to amend the Bharatiya Nagarik Suraksha Sanhita (BNSS) to ensure that adult female rape and sexual assault victims are examined exclusively by female doctors. This recommendation aims to protect the privacy and dignity of the victims.

Justice MG Uma, in her 15 July order, pointed out that Section 184 of BNSS, which oversees medical examinations of adult victims, is similar to the abolished Section 164A of the Code of Criminal Procedure (CrPC). Both sections permit any registered medical practitioner, regardless of gender, to conduct these examinations. Justice Uma noted this is inconsistent with the Protection of Children from Sexual Offences (POCSO) Act, which requires female doctors for minor victims, and similar provisions for female accused in the CrPC and BNSS.

Justice Uma questioned why adult female victims do not receive the same protections as minors or female accused, stressing the need to safeguard their privacy and avoid the embarrassment of being examined by male doctors. She highlighted that current laws offer more protection to female accused than to victims.

The Court directed the Union and State governments to ensure that, until the law is amended, medical examinations of adult rape victims should be conducted by or under the supervision of female doctors. This order came during a hearing on the bail application of Ajay Kumar Behera, accused of sexual assault, which was dismissed due to the mishandling of the victim’s medical examination by a male doctor.

Advocate Abishek NN represented the petitioner, while Special Public Prosecutor BA Belliyappa and Government Pleader KP Yashodha represented the State. -Salar News with Agencies