Delay in rape victims’ medico-legal test: Allahabad HC raises concern over dearth of radiologists in U.P.
The HC emphasised the need for proper appointment and transfer policy of government doctors in Uttar Pradesh
Taking serious note of undue harassment of rape victims due to delays in their medico-legal radiological examination, primarily caused by the non-availability of radiologists in various districts across the state, the Allahabad high court has emphasised the need for proper appointment and transfer policy of government doctors in Uttar Pradesh.
Taking note of the fact that while some districts had no radiologist though others had more than one, the court observed, “From bare perusal of the list filed by the Principal Secretary, Medical, Health & Family Welfare, Govt. of UP, speaks volumes of disproportionate posting of radiologists across the State. Concentrating 78 radiologists in a single district like Lucknow—while leaving other districts without even one —does raise serious concerns about equitable distribution of medical resources.”
Justice Krishan Pahal was hearing a bail application of one Prakash Kumar Gupta against whom an FIR was lodged by a girl’s father alleging that he had abducted and raped her 13-year-old (minor) daughter but girl had claimed that she had gone with the applicant on her own will and later she was found to be 19-year-old old i.e. of consenting age in ossification (age determination) test but due to false averments regarding girl’s age, the man remained in jail for six months.
At one point of time the girl claimed that she was of 19 and not 13 as claimed by her father. According to her as per law, she can have relationship with a man and hence, Prakash Kumar Gupta did not commit any crime as she left her father’s house at her own free will and accompanied him to his house.
After it, the court directed the CMO, Ballia, for ossification test of the girl but due to non-availability of radiologist at Ballia, she was taken to Varanasi where the health department refused to carry out the said test raising a technical ground that court had directed a state government doctor in Ballia and not in Varanasi to conduct the test.
The court said, “The radiologists have wilfully disregarded the constitutional mandate by refusing to perform the radiological examination of the victim, thereby undermining the victim’s right to timely and adequate diagnosis. The doctors cannot refuse the radiological examination of a victim due to lack of jurisdiction just as they cannot decline on the grounds of caste, gender etc.”
