Study blames policemen for rape trials going awry

Improper and irrelevant questioning by policemen to doctors examining a rape victim in sexual assault cases is leading to miscarriage of justice

PTI | November 16, 2010



Improper and irrelevant questioning by policemen to doctors examining a rape victim in sexual assault cases is leading to miscarriage of justice, a study has said.

The 67-page study, conducted by Dr Indrajit Khandekar, submitted to the Union and State ministries of Home, Health, Law and Judiciary, NHRC, & National Women's Commission recently blamed the police officials for the lapses.

"Improper, irrelevant questions, by the police officers in India to doctors in police requisition letter during Forensic Medical Examination of the Sexually Assaulted Victims and unscientific and legally irrelevant medical opinions to it are leading to miscarriage of justice and also causing violation of human rights," Khandekar, Assistant Professor, Forensic Medicine Department at Mahatma Gandhi Institute of Medical Sciences, has said.

He has already filed a PIL in the Bombay High Court on improper forensic medical examination of rape victims by the medical doctors immediately when victim reaches a hospital.

The PIL has now been posted for November 24 in which Dr Khandekar's format of examination and that of Government Hospitals will come up for hearing.

Whenever the rape victims report the matter, police send her to the hospital for 'Forensic Medical Examination' and ask some irrelevant queries like, whether rape occurred or not and whether the victim is habituated to sexual intercourse, he said.

"When doctors opine that no rape occurred or it is a case of attempt to rape because of absence of injury on the prosecutrix body, then such unnecessary opinions gives the undue advantage to the accused," the study has said.

"Such opinion of the doctor only illustrates the vastness of his ignorance of the true meaning and scope of the term of rape," Khandekar said in his study.

The Professor further said that the opinion of the doctor whether "she is habituated to sexual intercourse" are often used as evidence in courts to demolish a woman's character and disqualify her testimony.

"On such opinions defence lawyers urge that the victim was a woman of questionable character and easy virtue with lewd and lascivious behaviour and shows that her version is not worthy of acceptance which end up passing moral judgement on the victim rather than bringing her any justice," Khandekar said.

The courts in the country have a low conviction rate in rape cases, usually because the credibility of the victim is brought under question by such queries which are routinely asked by the police or during the trial of the case to the doctors.

Even Supreme Court has held that the victim is "habituated to sexual intercourse" is immaterial and irrelevant to the issue of consent in a rape trial, he further added in his study.

Dr Khandekar study materials have been accepted for annual conference of Indian Academy of Forensic Medicine being held at Nellore in Andhra Pradesh shortly.
 

Comments

 

Other News

GI tags: Scaling traditional wealth into global brands

Geographical Indication (GI) tags have emerged as a powerful tool for protecting India`s cultural heritage, while creating economic opportunities for local communities. By linking products to their place of origin, GI tags preserve traditional knowledge, prevent misuse, and enhance consumer trust. They h

BMC: 207 officials in ACB net, 112 still on duty, 68 retire before justice catches up

There are significant delays in the handling of corruption cases involving officials of the Brihanmumbai Municipal Corporation (BMC), a Right to Information (RTI) response obtained by rights activist Jeetendra Ghadge has revealed. As of 30 April 2026, 207 BMC officials face Anti-Corruption Bureau (A

The transformation trap: Why efficiency is not innovation

Every company is transforming, or so it claims.   There was a time when the word ‘transformation’ carried weight. It signified bold strategic shifts, reinvention of business models, and breakthrough technologies that fundamentally changed how organizations created

The Sardar biography that throws light on our times

Patel: A Life By Rajmohan Gandhi Aleph Books, 568 pages, Rs 1,199   There are many biographi

Climate change, El Niño rewrite Indian monsoon

The month of July exceeded its rainfall target despite forecasts of a below-normal month under a strengthening El Niño. The reason could be that climate change is amplifying monsoon complexity: West Pacific warming, Western Disturbances and evolving ocean conditions increasingly interact with El Ni&

Mumbai has just 1.28 sq.m. of open space per person: Study

Mumbai`s public space crisis is as much about mismanagement as it is about scarcity, and offers a governance roadmap that can be implemented without new legislation, according to a new report by the Urban Design Research Institute (UDRI) and the NGO Alliance for Governance and Renewal (NAGAR).  

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter