Govt hospitals told to conduct forensic examinations for survivors without FIR

Panaji: State govt has directed govt hospitals to conduct forensic examinations on survivors of sexual offences in the absence of the registration of a first information report (FIR), as it is crucial for the collection of evidence.
Victim Assistance Unit (VAU) incharge, Emidio Pinho, in a letter to state govt, said, “We are writing to emphasise the legal framework and crucial responsibilities that healthcare professionals hold, particularly concerning victims of sexual offences requiring forensic medical examinations. It is essential to know that doctors and medical practitioners are bound by legal obligations to provide necessary care and med

ical examination on the victims of violence or assault in the absence of a requisition from police.”
In accordance with established medical guidelines (Guidelines for Forensic Medical Examination in Sexual Assault Cases 2018, Medical Examination of Survivors/Victims of Sexual Violence: A Handbook for Medical Officers issued by the Ministry of Health & Family Welfare Government of India) and ethical standards, healthcare providers must conduct a thorough forensic medical examination for individuals who present signs of trauma or who report incidents of violence, irrespective of the existence of a First Information Report (FIR).
“It is vital to understand that immediate medical examination is crucial for the collection of evidence, and any delay or denial of examination due to the lack of an FIR will be detrimental to the case as a whole. Turning away victims for want of the FIR number would further traumatise the victim during an already distressing time,” Pinho said.
He added that in cases involving children, Section 27 of the Pocso Act states that the medical examination of a child is to be conducted even before an FIR or complaint is registered. In the case of a girl child, such an examination is to be conducted by a female doctor. The parents, support person, or the person in whom the child reposes trust or confidence is entitled to remain present at the time of the medical examination. If they are unable to remain present, then such an examination is to be conducted in the presence of a woman nominated by the head of the medical institution.
“We urge all medical facilities to adhere to these guidelines and the legal framework to ensure that victims receive the appropriate examination and care without any delay,” Pinho said. “The directorate of health services has issued letters to all hospitals not to insist on an FIR to conduct medical examinations of survivors of sexual offences.”