Bengal mandates stricter POCSO rule; Female doctors for girl victims, exam without FIR

In a significant move to enhance the care and protection afforded to child victims of sexual offenses, the Government of West Bengal has issued a crucial directive focusing on the strict implementation of Rule 27 under the Protection of Children from Sexual Offences (POCSO) Act, 2012. The directive particularly highlights the procedures involving female medical officers during examinations.

The Health and Family Welfare Department has formally approved a circular outlining these mandatory protocols. This step aims to address persistent challenges encountered during the medical examination process for POCSO victims, specifically concerning the consistent availability and presence of female doctors when required, and ensuring examinations proceed promptly.

A key aspect emphasized is that medical examinations must be conducted without delay, even if a First Information Report (FIR) has not yet been formally registered. According to Rule 27(1) of the POCSO Act, the examination must follow the procedures laid out in Section 164A of the Code of Criminal Procedure, 1973, irrespective of the status of an FIR or formal complaint.

Furthermore, the directive strongly reiterates the requirement under Rule 27(2) that if the child victim is a girl, the medical examination must be carried out exclusively by a woman doctor. This provision is critical for ensuring the child's comfort and sensitivity during a vulnerable time.

To prevent further trauma, Rule 27(3) mandates the presence of a trusted adult – either a parent or another person in whom the child places confidence – during the examination. Recognizing situations where this might not be possible, Rule 27(4) provides an alternative: a woman nominated by the head of the medical institution must be present if a parent or trusted individual cannot attend.

This comprehensive directive, approved by the Principal Secretary of the Health and Family Welfare Department, is anticipated to significantly improve the sensitivity and procedural correctness of medical examinations for child survivors. The order, issued by the OSD & Special Secretary, ERD, demands immediate compliance from all government and private medical institutions involved in handling such sensitive cases across the state.