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By T
H Shah
Introduction
Medico-legal system is important in the sense that medical evidence is vital to the
investigation and prosecution of rape or sexual assault. Victim women who wish to
pursue a charge against their assailant are usually examined by a doctor expert in forensic
science, and obtain a medical report of their injuries. The validity of case is maintained
by the report of forensic laboratory and therefore, it is central to the prosecution of the
case. It is forensic evidence which proves or disproves a physical connection between
individuals and objects, and its analysis requires specific or a specialized scientific skills
and training. Due to delays in medico-legal process, the provision of justice faces
complications and it opens up doors of corruption and also affecting the prosecution
process.
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attitude of police and doctors towards women, and lack of trainings for doctors
assigned with medicolegal duties in rape and adultery/fornication cases focusing
on medico-legal methodology and principles.
• In major cities of Pakistan like Lahore and Karachi, we lack sufficient numbers of
medico-legal examinations centers. At present, at any given time, rape victims are
examined at only one venue in each city, and this poses considerable logistical
problems to victims who live far removed from the downtown districts.
• The medico-legal units in Pakistan links the police and hospitals is a serious
continuing problem. The units are few and far between, the conditions for
examination appalling and the attitudes of those in charge extremely insensitive
and often hostile to women, especially victims of sexual abuse and/or domestic
violence. They do not comply with standard procedures. As a result, legal redress
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for women victims of violence is difficult and they often end up further
traumatized by the experience of examination.
Recommendations
• In all the rural health centers, medico-legal system should be established and
female medico-legal doctors should be appointed;
• There should be proper arrangements for safe provision and retention of samples
to be tested, because late untimely provision may produce unsatisfactory results;
• Manuals should be developed for doctors responsible for examining rape victims
that outline the relevant laws for their work, review special medico-legal
techniques and provide detailed descriptions of injuries specific to sexual assault
in both adult and child victims;
(The writer is associated with the PFP as Director Research. He could be contacted
at:tajammulhs@gmail.com)
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