reforming sEXUAL ASSAULT investigations
All the provincial government departments have been directed to implement the Supreme Court’s guidelines to reform investigations into sexual assaults of women, the Sindh High Court (SHC) was informed on Monday.
Filing comments on a petition seeking such reforms, chief secretary’s focal person Dr Saeed Qureshi told the SHC that the CS had held a meeting with the relevant departments to discuss rape cases and then issued necessary orders to address them in the light of the SC’s guidelines.
Dr Qureshi said the social welfare department was directed to prepare a list of NGOs specialising in such cases and possessing adequate human resources. “These lists will be provided to the police chief to distribute among SSPs, SHOs and investigating officers to inform rights activists when a complaint of sexual assault is received.”
He added that the provincial assembly had enacted the Code of Criminal Procedure (Sindh Amendment) Act 2016, incorporating Section 156-C to make DNA tests mandatory in every rape case. “Similarly, Section 156-D makes it mandatory to maintain the privacy of the DNA samples and the test results.”
He said the home department had issued orders to the police chief and the prosecutor general to ensure that the statements of the assault survivors were recorded in the presence of a magistrate in accordance with Section 164 of the Criminal Procedure Code.
He added that the home department had also issued directives to the police chief and the prosecutor general to make arrangements to maintain privacy of the survivors and the witnesses during in-camera trials conducted after the regular court hours.
The focal person said the heads of the police and prosecution departments had been instructed to ensure that evidence was recorded in appropriate cases through videoconferencing so that the survivors, especially juveniles, do not have to appear in court.
He added that the home department had written to the police chief on October 1 last year ordering him to appoint female officials not below the rank of head constable at every police station in the province to help comfort the victims and/or their families. “He has also been directed to ensure that no survivor was called in to stay overnight at any police station.”
He said the social welfare department would ensure that the superintendents of the shelter homes provide necessary refuge to the survivors until receiving formal orders from the authorities. “The home department has instructed the police chief to ensure no accused gets undue advantage of bail by default.”
He added that orders were issued for submitting reports in incest cases within 30 days to the relevant courts. “The health department has agreed to set up special rooms in all government hospitals, but not private hospitals, for examining survivors and questioning families in privacy.”
Dr Qureshi said the health department would ensure that evidence collection kits or sexual assault forensic evidence kits required for medico-legal examinations were available at all public hospitals.
He added that every step of the examination would be explained to the survivors, but the medico-legal officers (MLOs) would be allowed to choose the pace and timing of evidence collection.
He said all the government and senior police officers had expressed their displeasure over the suggestion that doctors, on the basis of medical examination, should not conclude in their reports whether or not rape was committed. “They said it was the principle of medical jurisprudence and forensic medicine.”
He added that the health secretary agreed that if the survivors or the accused had reservations over the MLOs’ findings, they could apply to him for forming a special medical board, since it was his prerogative. After placing the report on record, the court provided a copy to the petitioner’s counsel, who sought time to seek further instructions. The hearing was adjourned until May 17.
Petitioners Kainat Soomro and others had filed a petition stating that the country’s top court had ordered the provincial government and other authorities to reform the investigation process of sexual assault cases. They said the directives were not being complied with.
They said the victims were unable to get justice because of faulty investigations. Citing the police chief and the health secretary as respondents, they asked the court to direct them to take immediate steps to improve the process.
They also asked the court to direct the authorities to establish a rape crisis cell in each district of the province so that the survivors could get immediate medical, financial and legal assistance.