DNA testing in sexual assault cases now mandatory, high court told

The provincial government has revised the Criminal Procedure Code (CrPC) to make DNA testing in sexual assault cases mandatory, an official of the law department told the Sindh High Court (SHC) on Tuesday.

The additional secretary provided this information while filing a statement in the SHC on a petition seeking the implementation of the Supreme Court’s order to make the investigation process in rape cases effective.

He said the government has amended the CrPC’s Section 156B and inserted sections 156C and 156D, whereby the police has been bound to ensure that DNA testing of a rape survivor is conducted at any of the laboratories officially recognised by the Sindh government within 72 hours of their assault.

He informed the court that the investigation agency will preserve the rape survivor’s DNA sample and its result at the hospital of the forensic laboratory.

DNA laboratory

The home secretary told the court that the provincial prosecutor general and the health department are also stakeholders in the setting up of a forensic laboratory, adding that the government is making efforts to establish its own DNA testing lab.

He said that a DNA lab is available at the Liaquat University of Medical & Health Sciences, adding that one more facility is being arranged with the help of the University of Karachi and it will start functioning within six months.

The petitioners’ counsel told the court that certain orders were issued to the provincial police chief and the trial courts with regard to dealing with rape cases.

The SHC’s division bench headed by Justice Muhammad Ali Mazhar directed the police chief and the home department to submit compliance reports with regard to the implementation of the court’s directives and adjourned the hearing until January 15.

Kainat Soomro and other petitioners said the SC has directed the provincial government and other relevant authorities to reform the investigation process as regards cases of sexual assault, but the order is not being complied with.

They said rape survivors are unable to get justice due to a faulty investigation process. They cited the police chief and the health secretary as respondents in their petition, asking the court to direct them to take immediate steps to improve the investigation system.

The petitioners asked the court to direct the authorities to establish a rape crisis cell in every district of the province to facilitate the survivors of sexual assault in obtaining immediate medical, financial and legal assistance.

In-camera trials

Their counsel Faisal Siddiqui filed comments on the government’s suggestions, saying that the court must hold in-camera trials of rape cases and that too after regular court hours, adding that every investigation of such cases should be monitored by a senior police officer.

Siddiqui said that every police station should have a female police officer, who must provide assistance to rape survivors, including but not limited to prompt and accurate registration of their complaints.

He called for the police to be directed to not produce a sexual assault survivor in court, except when their identity is to be ascertained. He said the investigating officer must conduct the enquiry on a priority basis and complete it within 90 days.

He requested for crisis centres to be established as rehabilitation institutions and protected spaces for temporary accommodation of the survivors. He said the centres should have trained female doctors, nurses and counsellors to provide the required care to the survivors, adding that their medical bills should be borne by the state.

The counsel stressed that the guidelines provided by the country’s top court for police investigation officers, medico-legal officers and trial courts should be implemented in letter and spirit.