Registered medical practitioners should bear in mind the fact that absence of injuries on the body of the survivor does not imply consent of the survivor and also does not rule out resistance. Clothes, Vaginal swab, anal swab etcwith a view to avoid loss of findings due to delay in collection and preservation. Strike off whichever is not preserved.
Whenever swabs are preserved, sufficient number of swabs should be taken to look for spermatozoa, for analysis for semen and for DNA profiling if spermatozoa are detected.
Whenever hairs are preserved from a living person, cut samples should be taken ensuring the entire length of hairs by cutting them close to root. Hairs should not be plucked from the body of a living person. Vaginal, anal, buccal and other swabs should be dried completely and packed in clean paper or paper envelope.
Swabs should not be packed in plastic paper or bottles. Registered medical practitioners should always remember that moisture in the swabs may facilitate fungal growth and cause destruction of the biological evidence. When the survivor is brought after a period of seven days of the alleged incident, the doctor need not preserve all the material objects.
If the survivor is brought for examination after 96hours but within one week of the alleged assault, preservation is optional and according to the possibility for trace evidence to be retained on the body of the survivor as revealed by relevant points from the history.
However, he should preserve material objects like blood for DNA profiling, hairs etc, if the same is requested by the investigating officer.
He should send the urine for pregnancy test if pregnancy is suspected. Whenever the examination is conducted on a written requisition from a Judicial or Police Officer, the material objects should be immediately handed over to the Investigating Officer who should take it on a seizure mahassar for forwarding to the Forensic Science Laboratory.
Toluidine blue test should not be done before collection of vaginal samples, as spraying of the dye and washing away the excess can cause loss of evidence.
If the findings of examination are consistent with the alleged history, opinion should be furnished that the findings of examination are consistent with the history of alleged sexual assault. Opinion should also include whether the findings are consistent or not consistent "Kerala financial code volume 2 forms of sexual harassment" the alleged time of occurrence.
If there are injuries in the vagina or anus, opinion as to vaginal or anal penetration can be furnished. If there are injuries on the body, opinion as to whether the injuries were caused in the manner alleged, whether they were caused at the alleged time of occurrence and whether they were grievous or not should be furnished.
Any other opinion regarding any relevant history or findings should also be furnished if present. Opinion regarding recent vaginal or anal intercourse should be based on the detection of semen or spermatozoa in the vagina or anus respectively.
This and any other opinion which was reserved pending results of analysis of material objects should be furnished as the final opinion in the prescribed format. It may be done to specify some special attributes of the wound indicating pattern or nature of the wound. Each such diagram should bear the signature name and designation of the registered medical practitioner and office seal of the institution. This should also be followed in borderline cases where the stated age of the survivor is likely to be challenged, owing to non-availability of valid proof of date of birth.
If mental or physical disability is present or suspected, detailed evaluation of the survivor should be done by the District Medical Board, unless the survivor has been already evaluated and a certificate of disability issued.
The survivor shall not be made to pay for anything including consultations, medicines and clinical investigations. If the survivor requires in-patient treatment, as far as possible admission should be made to a separate room where continuous monitoring is possible and the possibility for any threat or inducement from the side of accused can be prevented. Adequate precautions should be taken to prevent others from getting the details regarding the identity of the survivor from the place of examination or the record keeping section of the institution.
The report of
Kerala financial code volume 2 forms of sexual harassment of the survivor of sexual offences is exempted from the purview of Right to Information Act.
Whenever the examination is conducted on the written requisition from a judicial or police officer, the report should be issued immediately to the investigating officer. When the examination is conducted on the written request from anybody other than a judicial officer or investigating police officer, the original of the report shall not be issued to the person who has requested the examination.
In such situations the original of the report shall only be issued to the investigating police officer on a written requisition for the same. The duplicate copy should be issued to the survivor or a person nominated by the survivor on a written request for the same. The triplicate should be retained as the office copy.
State Of Karnataka vs Manjanna on 4 May, Before parting with the case,we wish to put on record our disapproval of the refusal of some Government hospitaldoctors, particularly in rural areas, where hospitals are few and far between, to conductany medical examination of a rape victim unless the case of rape is referred to them bythe police.
Such a refusal to conduct the medical examination necessarily results in adelay in the ultimate examination of the victim, by which time the evidence of the rapemay have been "Kerala financial code volume 2 forms of sexual harassment" away by the complainant herself or be otherwise lost.
The plea that nomarks of injuries were found either on the person of the accused or the person of theprosecutrix, does not lead to any inference that the accused has not committed forciblesexual intercourse on the prosecutrix. In view of International Covenant on Economic, Social, and Cultural Rights ;United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuseof Powerrape survivors are entitled to legal recourse that does not re-traumatizethem or violate their physical or mental integrity and dignity.
They are also entitled tomedical procedures
Kerala financial code volume 2 forms of sexual harassment in a manner that respects their right to consent. Medicalprocedures should not be carried out in a manner that constitutes cruel, inhuman, ordegrading treatment and health should be of paramount consideration while dealing withgender-based violence.
The State is under an obligation to make such services availableto survivors of sexual violence.
The origin of payment of...
Proper measures should be taken to ensure their safetyand there should be no arbitrary or unlawful interference with his privacy. Thus, this test, even ifthe report is affirmative, cannot ipso facto, be given rise to presumption of consent. Undoubtedly,any direction issued by this Court is binding on all the courts and all civil authorities withinthe territory of India. In addition thereto, it is an obligation on the part of the Stateauthorities and particularly, the Director General of Police and Home Ministry of the State.
Certain care has to be taken by the Doctor who medicallyexamine the victim of rape. The victim of rape should generally be examined by a femaledoctor.
Simultaneously, she should be provided the help of some psychiatrist. The victim should be sent for medical examinationat the earliest and her statement should be recorded by the I.
This form should be made...
Rule 12 of the Rules categorically envisages that the medical opinion fromthe medical board should be sought only when the matriculation certificate or schoolcertificate or any birth certificate issued by a corporation or by any Panchayat ormunicipality is not available.
Relevant High Court Judgments1. Special rooms to be set up in all "Kerala financial code volume 2 forms of sexual harassment" hospitals for victims to be examined andquestioned in privacy. A sexual assault evidence collection kit or sexual assault forensic evidence SAFE kitconsisting of a set of items used by medical personnel for gathering and preservingphysical evidence following a sexual assault should be available with all the GovernmentHospitals.
A sexual assault evidence collection kit should contain commonly availableexamination tools such as: After the examination is complete the victim should be permitted to wash up usingtoiletries provided by the hospital.
The hospital should also have clothing to put on if herown clothing is taken as evidence. All hospitals should co-operate with the police and preserve the samples likely toputrefy in their pathological facility till such time the police are able to complete their paperwork for dispatch to forensic lab test including DNA.
Mahender Singh Chhabra vs. While conducting medical examination, child victim should be first made comfortableas it is difficult to make her understand as to why she is being subjected to a medicalexamination. In case of a girl child victim the medical examination shall be conducted preferably bya female doctor. Court On Its Own Motion vs.
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In the event results of examination are likely to be delayed, the same should beclearly mentioned in the medical report. Emergency medical treatment wherever necessary should be provided to the childvictim. The child victim shall be afforded prophylactic medical treatment against STDs. The name and address of the woman and of the person by whom she was brought. The age of the woman. The description of the material taken from the person of the woman for DNA profiling. Marks of injury, if any, on the person of the woman.
Kerala financial code volume 2 forms of sexual harassment mental condition of the woman and vi. Other material particulars in reasonable detail. Punishment for non-treatment of victim. Intentional omission to give information of offence by person boundto inform. Section Grievous hurt. Permanent privation of sight of either eye. Permanent privation of hearing of either ear. Privation of any member or joint. Destruction or permanent impairing of the powers of any member or joint.
Permanent disfiguration of the head or face. Fracture or dislocation of a bone or tooth. Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain or unable
Kerala financial code volume 2 forms of sexual harassment follow his ordinary pursuits.
Voluntarily causing grievous hurt by use of acid etc. Provided that such fine shall be just and reasonable to meet the medical expenses of thetreatment of the victim: Provided further that any fine imposed under this section shall be paid to the victim. Provided that a woman who does not physically resist to the act of penetration shall notby the reason only of that fact, be regarded as consenting to the sexual activity.
Punishment for causing death or resulting in persistent vegetativestate of the victim. Whoever, commits an offence punishable under sub-section 1 or subsection 2 of section and in the course of such commission inflicts an injury which causes thedeath of the woman or causes the woman to be in a persistent vegetative state, shall bepunished with rigorous imprisonment for a term which shall not be less than twenty years,but which may extend to imprisonment for life, which shall mean imprisonment for theremainder of that person's natural life, or with death.
Sexual intercourse by husband upon his wife during separation. Whoever has sexual intercourse with his own wife, who is living separately,whether under a decree of separation or otherwise, without her consent, shall bepunished with imprisonment of either description for a term which shall not be less thantwo years but which may extend to seven years, and shall also be liable to fine.
Whoever, being— a in a position of authority or in a fiduciary relationship; or b a public servant; or c superintendent or manager of a jail, remand home or other place of custodyestablished by or under any law for the time being in force, or a women'sor children's institution; or d on the management of a hospital or being on the staff of a hospital, abuses suchposition or fiduciary relationship to induce or seduce any woman either in his custody or.
Where a woman is raped by one or more persons constituting a group or acting infurtherance of a common intention, each of those persons shall be deemed to havecommitted the offence of rape and shall be punished with rigorous imprisonment for aterm which shall not be less than twenty years, but which may extend to life which shallmean imprisonment for the remainder of that person's natural life, and with fine: Providedthat such fine shall be just and reasonable to meet the medical expenses andrehabilitation of the victim: Provided further that any fine imposed under this section shallbe paid to the victim.
Punishment for repeat offenders. Whoever has been previouslyconvicted of an offence punishable under section or section A or section Dand is subsequently convicted of an offence punishable under any of the said sectionsshall be punished with imprisonment for life which shall mean imprisonment for theremainder of that person's natural life, or with death. Evidence of character or previous sexual experience not relevant incertain cases.
Notwithstanding anything contained in the Code of Criminal Procedure, 2 ofany person including the child who has apprehension that an offence under this Act is likely to be committed or has knowledge that such an offence has been committed, shall provide such information to "Kerala financial code volume 2 forms of sexual harassment" a Special Juvenile Police Unit or b the local police. Punishment for failure to report or record a case. The origin of payment of dearness allowance dates back to the .
Kerala Agriculture Income Tax and Sales Tax Appellate Such an allowance is granted in lieu of all other forms Code, Financial Code, KCS (CC & A) Rules, Government.
motivation for sex/ sexual harassment at work places. This is the revised KERALA MEDICO LEGAL CODE to be followed for all medicolegal documents in Kerala.
(Annexure Signature of the issuing officer: 2. DUPLICATE View. KERALA SERVICE RULES VOLUME II · View.
Rules for the grant of...
Kerala Medico-legal Protocol for Examination of Survivor of Sexual Offences. Kerala State declared as OD Free (In rural areas). children such as domestic violence, child abuse, trafficking and sexual harassment.
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