Karnataka HC urges Centre to amend BNSS to ensure rape victims are examined only by female doctors
Bengaluru, Jul 29: The Karnataka High Court has urged the Central government to amend Section 184 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) to ensure that adult rape victims are examined only by female doctors, to safeguard their right to privacy.
Justice M G Uma of the single-judge bench directed the Central and State governments to ensure that until the amendment is made, medical examinations of rape victims are conducted by or under the supervision of a female registered medical practitioner.
The court also directed authorities to educate and sensitise stakeholders, including police officials, prosecutors, doctors, medical personnel, and judicial officers, about the importance of handling rape victims with sensitivity.
This directive came while rejecting the bail application filed by a person named Ajay Kumar Bhera, who is accused of rape and attempt to murder.
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Rejecting Bhera's plea, the court noted medical records indicating that the victim had injured the accused during the incident, corroborating her account. Justice Uma stated that the evidence suggested Bhera was responsible for the crime and denied his bail request due to the serious nature of the offence.
The court highlighted that a male medical officer had conducted the victim's medical examination, which lasted about six hours without providing any explanation or opinion.
Emphasising the need for victim-friendly examinations, the court noted that rape victims have a right to privacy that should be respected by police and medical personnel.
Section 164-A of the CrPC (Code of Criminal Procedure), which allowed examination by any registered medical practitioner, has been replaced by Section 184 of the BNSS.
The court criticised the unchanged provision, stating it causes significant injustice and embarrassment to sexual assault victims. Female accused have privacy rights under Section 53 of the CrPC (now Section 51 BNSS) which, the court said, should logically extend to victims as well.
The court urged the Additional Solicitor General of India and the State Public Prosecutor to advocate for amending Section 184 of the BNSS and to educate all relevant parties. It also emphasised the need for regular sensitisation of judicial officers and accountability measures for any lapses.
Additionally, the court observed that the hospital's report was illegible, stressing that medical reports are frequently referred to by investigators, prosecutors, defense lawyers, and courts. It directed hospitals and medical practitioners to provide computer-generated or clearly written medical reports.
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Nearly 700 km of Karnataka rivers polluted; cities, towns depend on contaminated water
Shivamogga: A total of 693.75 of river stretches across Karnataka are polluted, and water from several of these rivers is being supplied to towns and cities, the State government informed the Legislative Assembly.
According to a report published by The New Indian Express on Monday, replying to an unstarred question by Thirthahalli MLA Araga Jnanendra during the winter session in Belagavi, Forest, Environment and Biodiversity Minister Eshwar Khandre said rivers are classified into five categories, P1 to P5, based on Biochemical Oxygen Demand (BOD) levels, with P1 being the most polluted.
He reportedly said untreated domestic wastewater from urban and rural areas is the main reason for river pollution. Arkavati, Lakshana Teertha, Tungabhadra, Bhadra, Tunga, Cauvery, Kabini, Kagina, Krishna, Shimsha, Bheema and Netravati are the polluted rivers and so far, 112 polluted drainages along these rivers have been identified.
Khandre explained that rivers are classified into five pollution categories P1 to P5. The Arkavati River has been placed in the P1 category, while no rivers fall under P2 and P3. Tungabhadra, Bhadra and Shimsha are categorised under P4, and eight other rivers fall under P5.
Khandre allegedly said domestic wastewater from municipalities, towns and villages along riverbeds is being discharged into at least 17 rivers, identified by the Central Pollution Control Board (CPCB). This is the primary cause of river pollution.
According to the report, the minister said drinking water is being supplied from polluted rivers in districts such as Mandya, Ramanagara, Vijayapura and Shivamogga. In parts of Uttara Kannada, Ballari, Vijayanagara and Bagalkot, local bodies are also drawing water from polluted river sources.
In 2022-23, CPCB identified South Pinakini, Aghanashini, Sharavathi and Gangavali rivers too as polluted. But wrote to CPCB, stating that these rivers are not polluted and sought their removal from the list. An action plan is being prepared for the South Pinakini River, he said.
On remedial measures, Khandre reportedly said the Karnataka State Pollution Control Board is setting up sewage treatment plants as per the directions of National Green Tribunal.
As per the report, under 12 river rejuvenation plans, the state generates 817.31 million litres per day (MLD) of sewage. While 41 STPs with a capacity of 614.1 MLD are operational, 203.21 MLD of sewage remains untreated.
Work is underway to establish 19 STPs with a capacity of 248.91 MLD, while 39 more STPs with a combined capacity of 357.92 MLD are in the planning stage. Progress is being monitored and reported regularly to the NGT and the Union Ministry of Jal Shakti.
The minister reportedly said the state government gave its approval for underground drainage works worth Rs 535.56 crore in 2021 for 24 cities/towns besides Rs 523.80 crore for nine UGD projects.
