West Bengal Orders Immediate Medical Exam Of Minor Rape Victims Even Before FIR Registration

Kolkata: The West Bengal government has directed all state-run medical establishments in the state to strictly adhere to the existing legal provisions for immediate medical examination of the suspected minor victims of rape even before registration of First Information Report (FIR).

The decision has been taken to overcome the difficulties in conducting medical examinations of the Protection of Children from Sexual Offences (POCSO) victims by female medical officers, according to an order issued by the State Health and Family Welfare Department to principals and medical superintendents-cum-vice principals (MSVPs) of all medical colleges and hospitals and chief medical officers of health (CMOH) in all districts and health districts.

"The medical examination of a child in respect of whom any offence has been committed under the Act, shall, notwithstanding that a First Information Report or complaint has not been registered for the offences under this Act, be conducted by Section 164A of the Code of Criminal Procedure, 1973 (2 of 1973)," read the copy of the order.

A senior official of the State Health Department pointed out that although there is an existing legal provision for conducting a medical examination of a suspected minor rape victim even before FIRs or complaints in the matter have been lodged, there had been reports of reluctance to adhere to that provision strictly.

"So this fresh order is a reminder of the legal provision on this count so that in future, it is followed strictly," the State Health Department official added.

Through that order, the State Health Department has also reminded that in case the victim is a minor girl, 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 faith or confidence," the order copy read.

West Bengal had been in the negative headlines since the middle of 2024 following several cases of rape and rape and murder, and in several such cases, the victims were minors.

The most talked-about case was the ghastly rape and murder of a junior woman doctor of state-run-R.G. Kar Medical College and Hospital in Kolkata within the hospital premises in August last year.

Disclaimer: This is a syndicated feed. The article is not edited by the FPJ editorial team.

news