SEXUAL ASSAULT OF A DEAF MUTE JUVENILE IN OBSERVATION HOME, UMERKHADI ON SEPTEMBER 21, 1997
(ABSTRACT)
A team investigating a case of gang rape in a slum in Mumbai in 1990 found gross inadequacy in the medical examination and collection of forensic evidence. Some of us (who later joined CEHAT), had participated in this investigation as members of the MFC (BG). Neither did the doctor record the full medical history nor did he thoroughly examine the survivor. As a consequence, most of the vital medical and forensic evidence was lost. In the discussion with the doctors it was revealed that although they are supposed to do such examinations, they receive inadequate training thus often failing to give them important information and skill. Besides, the official books of forensic medicine studied by them give outdated, sexist and sometimes even misleading information. Above all, it was found that their attitude towards survivors and victims was not at all sympathetic. The survivors were examined as a medico-legal cases and hardly any effort was made to regard them as individuals needing care. Counselling, treatment and rehabilitation were not considered part of the work of doctors!
On September 21, 1997, a deaf mute juvenile was raped in a government run Observation Home for Juveniles in Mumbai, by an employee of the organisation. The officials of the Observation Home did not report the crime for twenty days to the police. However, they did get the victim examined by their in-house doctor, who neither did proper medical and forensic examination, nor followed proper legal procedures. Indeed, the doctor also failed to do the medical examination of and collect forensic evidence from the offender who was present at all times in the premises of the institution. The Forum Against Child Sexual Exploitation constituted a team for the investigation of this case. The members of the team included Sudha Kulkarni (Mahila Dakshata Samiti), Lalitha D'Souza and Amar Jesani (CEHAT), and it was assisted by Sangeeta Punekar (Snehasadhan), Monica Sakrani, Monisha Coelho (Human Rights Law Network), Vidhya Apte (TDH). After a thorough investigation, the report of the team was released to the media.
The homes for the juveniles (girls below 18 years and boys below 16 years) are expected to provide for the care, protection, treatment, development and rehabilitation of neglected and delinquent juveniles. However, the services provided by the government for the neglected juveniles are grossly inadequate, and the existing juvenile homes are oppressive to children. The situation is reportedly so bad that the children routinely run away from these homes and prefer to live as street children than get exploited in the juvenile homes. After following up few such deaths in the juvenile homes in and around Mumbai, a sensitive social worker, Mr. Kris Pereira filed public interest litigation in the Mumbai High Court. As a consequence, in February 1998, the High Court appointed a commission to look into the conditions of the juvenile homes in Maharashtra. Dr. Lalitha D'Souza from CEHAT was appointed on this commission. The commission visited juvenile homes in different districts of Maharashtra and submitted its report to the High Court.
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