In a major development, the Indian Council of Medical Research (ICMR) has in its new instruction manual for healthcare providers who examine victims of sexual assault suggested that rape survivors could seek medical examination and care without police requisition. So far, the rape survivor examination can only be done after receiving police requisition. According to the draft guidelines, the doctor should examine such cases if the survivor reports to the hospital first without the FIR. Even the decision to inform the police shall be taken after obtaining due consent from the patient or the guardian.
In its first-ever detailed manual for medical examination of rape victims, the department of health research under the Indian Council of Medical Research attempted to set minimum standards requirements for performing medical examination.
According to the draft guidelines, the victim must not be refused treatment and examination for want of police papers.
In their recommendations, experts suggested that in case the survivor doesn’t want to disclose the incident to the police, it should not be done. However, the refusal for not informing the police should be documented. The experts also recommended that the medical examination should be undertaken only if the victim, parents or guardians wish for it.
“Neither court nor police can force the survivor to undergo medical treatment,” it said.
According to the draft guidelines, consent of the patient should be taken for medical examination and treatment, forensic medical examination and collection of evidence, informing the police for purpose of investigation and treatment.
If a female patient is to be examined by a male doctor then such examination shall be made in presence of a female nurse/ attendant/ etc.
In such circumstances the name and signature of the female in whose presence the examination is conducted shall also be obtained.
The guideline say that while taking history, no third person/ police should be allowed. Relative could be allowed to be present if the patient/ victim is comfortable and gives consent for the same. If the victim refuses to answer, unnecessary pursuance should not be done.