Medico-Legal System in Pakistan

By T H Shah

Introduction

Criminal Justice System (CJS) is designed to control crimes by arresting, prosecuting,

convicting, and punishing those who disobey the laws. It revolves round legislature,

police, prison and court. People rely upon CJS because the process of administration of

justice and protection of human rights gets strength under CJS. Criminal Justice System

can respond more sophisticatedly when all its elements work effectively and in the cases

of sexual violence against women, the role of medico-legal system in CJS is of high

importance. Women, who become victim of rape or any type of sexual violence, undergo

CJS in their effort to seek redress.

Role of medico-legal system

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.

Problems of Medico-Legal System in Pakistan

In Pakistan, medico-legal system is weak from many perspectives and this

weakness is due to lack of forensic science laboratories in many cities, biased

attitude of police and doctors towards women, and lack of trainings for doctors

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assigned with medicolegal duties in rape and adultery/fornication cases focusing

on medico-legal methodology and principles.

Rape victim, in maximum cases, do not have access to medico-legal examination

to be performed by the female practitioner. The situation becomes alarming on

national holiday when there is no such staff present.

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.

In major government hospitals, medico-legal doctor is unavailable and the

growing number of rape crimes demands presence of such medical expert on

twenty four hours.

Deficiency of female medico-legal doctors in urban areas in general and rural

areas in particular.

The medico-legal examinations performed on women does not focus on the

detecting the signs of nonconsensual sexual intercourse, as in many cases, the

practice of checking the virginity status of women accused of Zina is continued.

According to modern medical standards, the use of the condition of hymen to

indicate recent sexual intercourse or virginity status in medically groundless.

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

for women victims of violence is difficult and they often end up further

traumatized by the experience of examination.

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Recommendations

Forensic science laboratories should be established in all the major cities of

Pakistan;

In all the rural health centers, medico-legal system should be established and

female medico-legal doctors should be appointed;

Involvement of police in medico-legal examinations should not be made

prerequisite;

Delay in conducting tests, and delivery of reports should be avoided;

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;

Similarly, standardized protocol

(The writer is associated with the PFP as Director Research. He could be contacted at:tajammulhs@gmail.com)

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