Medical test on child sex abuse victims must in Pocso cases even without FIR: West Bengal advisory
The West Bengal health department's advisory follows repeated complaints of violations of guidelines under the Protection of Children from Sexual Offences (Pocso) Act in state-run hospitals.
Though the rule already existed, the latest order aims to ensure its stricter and error-free implementation and follows repeated complaints of violations of Pocso guidelines in hospitals across the state. West Bengal has issued strict guidelines for handling Pocso cases, underscoring that state-run hospitals must conduct medical tests on victims of child sex abuse even in instances where a complaint or FIR has not been lodged.
In an order issued on Friday, the health department said, ”To overcome the difficulties in conducting Medical examination of the POCSO victims by female Medical Officers, the Rule 27 of the Protection of Children from Sexual Offences Act, 2012, (POCSO Act, 2012), has to be followed properly. The rule 27 is as follows:
Medical examination of a child. (1) The medical examination of a child in respect of whom any offence has been committed under this Act, shall, notwithstanding that a First Information Report or complaint has not been registered for the offences under this Act, be conducted in accordance with section 1644 of the Code of Criminal Procedure, 1973 (2 of 1973).”
“In case the victim is a girl child, the medical examination shall be conducted by a woman doctor. The medical examination shall be conducted in the presence of the parent of the child or any other person in whom the child reposes trust or confidence. Where, in case the parent of the child or other person referred to in sub-section (3) cannot be present, for any reason, during the medical examination of the child, the medical examination shall be conducted in the presence of a woman nominated by the head of the medical institution,” the order added.
Though the rule already existed, the latest order aims to ensure its stricter and error-free implementation and follows repeated complaints of violations of Pocso guidelines in hospitals across the state.
The health department has issued the order to principals and vice-principals of all state-run medical colleges, and district health officials, reinforcing proper adherence to Pocso Act provisions during the medical examination of minor abuse victims.
Copies of the order have also been sent to the director of the State Child Rights Commission, the special secretary of mental health, and other senior government officials.
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