SKIMS report rules out sexual assault on toddler
Excelsior Correspondent
SRINAGAR, May 28: The High Court today sought explanation from the hospital authorities in disclosing the medical report of recently alleged rape victim of Bandipora and also directed the police to ensure that no poster or banner is posted on the vehicles.
Earlier this morning, a copy of medical report about the alleged Sumbal rape of toddler went viral on social media. The medical report (vide number SKIMS-MCH/ 2019-2765-70) revealed that girl child has not been sexually assaulted.
The report duly signed by Consultant on Duty, Gynae and OBs, SKIMS MCH, Bemina, In Charge, HOD Gynae and OBs, SKIMS Medical College Hospital and Medical Superintendent maintains that there was no evidence of any injury around the private parts due to which the actual source of bleeding could not be determined.
“As per the detailed examination of the child there were no marks of injury on any part of the body including the private parts. There was no active bleeding from private parts while the mere presence of faint blood stains is not sufficient evidence to confirm that the child has been sexually assaulted,” read the report.
Taking serious note about the disclosing of medical report of minor rape victim on social media, the Division Bench of Chief Justice and Justice Rashid Ali Dar sought explanation from the SKIMS authorities for action against them for the negligence.
The direction followed after the counsel representing the victim advocate Shafkat Nazir pointed out before the Court that despite the court directions the medical report of the victim has been uploaded on the social media.
He submitted that how the social media has got access to the medical report when the case is such a sensitive and this kind of sheer negligence by the hospital authorities need to be investigated.
It is noted that the victim examined by SKIMS Medical College Bemina, Srinagar and a series of investigations conducted at SKIMS and that reports whereof stand handed over to the police authorities. Certain articles, which were seized, were also handed over to the police for further investigation.
Court has also been informed that the posters and banners with name of the victim are being pasted on the vehicles which also violates the provisions of law. Court in this connections directed the police through Inspector General of Police to ensure that such kind of material is removed from the vehicles.
State counsel also apprised the court that the challan about the case has been submitted before the court of law and the trial has begun and the court be apprised from time to time about the process of trial in the case.
Meantime some news papers against whom explanation was sought for disclosing the name and identity of the rape victim submitted their explanation before the court while as some have not filed their response till date and they sought some time, which the court granted.
It may be mentioned here that the newspapers viz Kashmir Observer, Kashmir Vision, Kashmir Glory, Urdu Daily Afaaq daily Ilhaaq were issued show cause notice by the court for disclosing the identity and name of the victim in their publications.
Court has also directed for wide publicity of the section 44 of the POSCO Act which provides that no image or identity of such kind of victim be revealed by any mode or method.
With Regard to uploading the medical report on facebook, the counsel of Facebook submitted in the court that he may be furnished the address of those URLs who have uploaded such report so that those uploads be removed from the Facebook.
State Legal Services Authority has sought some time to place on record the action plan and proper guidelines/protocol to ensure linkage between the police stations and the offices of the Legal Services Authority in order to address the Supply of information regarding any case of sexual violence immediately by the police authorities to the legal services authorities.
The Legal Services Authority is under direction to ensure legal aid to a victim right from the beginning i.e., from the stage of lodging of complaint and registration of the case; medical examination; recording of statement; throughout the trial and till the end of the case.
Counsel for the authority (SLSA) also informed the court that an amount of Rs 1 lakh has been given to the victim as an interim measure.
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