The state government of Maharashtra has introduced revised standards for managing child sex abuse cases in government-run hospitals and colleges. This decision comes after the Bombay High Court took suo motu cognisance to the recent sex abuse case at a school in Badlapur on Tuesday, September 3.
The government has reinforced its guidelines in medical examinations of child victims. Medical colleges and hospitals have been reminded of Section 27 the Protection of Children from Sexual Offences (POCSO) Act, 2012, which addresses the medical evaluation of victimised children.
Here are the revised guidelines:
1. Medical examination must comply with Section 164A of the CrPC, 1973, which details the guidelines on the medical examination of women in cases of rape.
2. There should be a focus on emergency medical treatment and maintaining the child’s privacy.
3. No legal or magistratial requisition is required before providing medical care. This includes treatment, consultation, and forensic evidence collection.
4. A female doctor is mandated to conduct the examination of girl victims.
5. The child’s well-being should be prioritised without bureaucratic delays.
During the hearing, the Bombay High Court talked about the need to create a safe environment for girls. The court said that awareness should be raised among men to protect girls as they grow up in society.
The court further appointed a committee led by retired Bombay High Court Justices Sadhana Jadhav and Shalini Phansalkar Joshi. This committee will propose measures for the implementation of the POCSO Act within educational institutions. The committee includes Meeran Borwankar, a former Indian Police Service officer, and a former school principal. The court also suggested adding another retired principal with experience in rural education. Additionally, the state was directed to include members of the Child Welfare Committee (CWC) in this panel.
Advocate General Birendra Saraf, on behalf of the State of Maharashtra, told the court that all recommendations from the committee would be put into force. The court has scheduled the next hearing for October 1.
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