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Guidelines Submitted to Ministry of India in 2018

Submitted to Ministry of India

A Scientific Manual/Guidelines and Proforma for Examination of Accused in Sexual Violence

Introduction:

The law related to sexual violence offences has undergone changes through the Protection of Children from Sexual Offences Act (POCSO), 2012 and the Criminal Law Amendment Act (CLA), 2013. The changes in the law necessitated changes in the procedures at the health system to respond to survivors of sexual violence. The ministry of health and family welfare (MoHFW) took the initiative of developing medico legal care guidelines for responding to sexual violence in 2014. This was done by the ministry through a consultative process seeking expertise from professionals belonging to law, forensic science experts, women’s health advocates, mental health professionals, gynecologists and human rights advocates. The ministry issued these comprehensive protocols in 2014 to all the states in India asking them to follow these in order to respond effectively and comprehensively to survivors of sexual violence when they reach the health setting

There have been several gaps related to medico legal examination of accused/perpetrators of sexual violence. Despite lack of scientific evidence on tests such as potency tests these are routinely used in examination procedures besides looking for signs of use of force, commenting on the size of sexual organs etc. 

 

RESPONDING TO THIS URGENT NEED: CEHAT in consultation with experts from the field of forensic science, law, health rights experts and MOHFW carried out a series of national level consultations.  the outcome of these consultations are an evidence based scientific protocol - comprising of a form and guidelines for examination of suspect/ accused in sexual violence took place. These were submitted formally to the MOHFW on 21st September 2017.

 

 List of Expert Committee members 

Sr. No. Name Designation Department
1 Dr. Sridhara Chary Asst. Prof.

Forensic Medicine & Toxicology, Govt. Medical college, Nizamabad Telangana

2 Gayatri Sharma Lawyer Lawyers Collective
3 Dr. Arneet Arora Prof & Head

Forensic Medicine & Toxicology, AIIMS, Bhopal

4 Dr. Nilesh Tumram Associate Prof

Forensic Medicine & Toxicology, Indira Gandhi Govt Medical College, Nagpur Maharashtra

5 Mrinal Satish Associate Prof National Law University, Delhi, Sector 14, Dwarka, New Delhi - 110078
6 Enakshi Ganguly Co- Director HAQ Centre for Child Right, New Delhi- 110017
7 Dr. Anil Sain ADDL DDGS 503-D Nirman Bhawan, D.K. GHS, Govt of India
8 Dr. Sanjeev Lalwani Professor

Forensic Medicine & Toxicology, AIIMS & Registrar (ACAD)

9 Dr. Farida Noor Professor & Head

Forensic Medicine & Toxicology, Govt Medical College, Srinagar, J & K.

10 Dr. P. H. Bhujung Sr. ENT Head of Dept.

Medical & Education, Sir H. N. Reliance Foundation Hospital & Research Centre, Sir H. N. Hospital & Research Centre

11 Anand Grover Head of the HIV/ AIDS Unit Lawyers Collective
12 Dr. Padma Bhate-Deosthali Former Coordinator

CEHAT
Survey No.2804 & 2805, Aaram Society Road, Vakola, Santacruz East, Mumbai -    400 055

13 Aarthi Chandrasekhar Research Officer
14 Sangeeta Rege Coordinator


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