LHC issues guidelines for health officials in assault cases

LAHORE:The Lahore High Court has taken strong notice of use of non-sterile objects to collect evidence in assault cases and issued a set of guidelines for the health authorities.

The health department shall ensure the provision of Sexual Assault Evidence Collection Kits (SAECKs) in sufficient quantities to all hospitals in Punjab, including those at the district and tehsil headquarters, said Justice Tariq Saleem Sheikh in an order about dismissal of a bail petition of a suspect facing charges of abuse. During the course of hearing, an official of the Punjab Forensic Science Agency (PFSA) informed the judge that doctors usually make swabs with non-sterile objects such as matchsticks, ice cream scoops, broomsticks and twigs and then use them to collect evidence from private parts of the victim. In some cases, he said, large cotton plugs are used as swabs. The objects sometimes cause injury or infection to the victim and often jeopardize the process of DNA analysis owing to incorporation of contaminants and potential inhibitors.

Justice Sheikh observed that in an assault case, the victim is the crime scene and the prime responsibility for collection of evidence from him/her rests on the medical officer. The guidelines issued by the judge required the medical officers to use without fail the kits for collection of forensic evidence in all assault cases. The judge observed that only sterile standard cotton tip swabs, provided in PFSA, or otherwise commercially available, can be used for collection of evidence from the body of victim. “Homemade swabs and cotton balls etc should never be used for evidence collection,” said the judge. Justice Sheikh further said the medical officers shall also adhere to guidelines issued by the PFSA for collection, preservation and transportation of samples. He said medical officers shall particularly ensure that they take detailed and accurate history of the incident from the assault victim, including (but not limited to) the assault activity, time elapsed since the assault, and post-assault activities of the victim. The DNA samples should be dispatched to the forensic laboratory without delay. The judge directed the secretary of primary and secondary health department to ensure compliance of these guidelines and initiate appropriate proceedings against medical officers who neglect or fail to comply with it.