Allahabad High Court Addresses Delays in Rape Victims' Tests Due to Radiologist Shortage in Uttar Pradesh

The Allahabad High Court has expressed concern over the harassment faced by rape victims due to delays in their medico-legal radiological examinations. This issue arises primarily from the lack of available radiologists in various districts across Uttar Pradesh. The court stressed the importance of a proper appointment and transfer policy for government doctors to address this issue.

Justice Krishan Pahal highlighted these concerns while reviewing a bail application involving a man accused of abducting and raping a 13-year-old girl. The girl's father had filed an FIR against the man, but she later stated that she went with him willingly. An ossification test revealed her age to be 19, which is above the consenting age, yet the man spent six months in jail due to false claims about her age.

Disproportionate Distribution of Radiologists

The court noted significant disparities in the distribution of radiologists across the state. For instance, Lucknow has 78 radiologists concentrated in one district, while other districts have none. This uneven allocation raises serious concerns about equitable access to medical resources, as highlighted by the court.

The girl's ossification test was delayed because there was no radiologist available in Ballia. She had to be taken to Varanasi, where the health department refused to conduct the test. They cited a technicality that the court's directive was for a state government doctor in Ballia, not Varanasi.

Constitutional Mandate Ignored

The court criticised radiologists for ignoring their constitutional duty by refusing to perform necessary examinations. It emphasised that doctors cannot refuse such examinations based on jurisdictional issues, just as they cannot decline based on caste or gender.

The girl's statement indicated that she believed her relationship with the man was lawful since she left her father's house voluntarily. The court's observations underscore the need for better resource allocation and adherence to constitutional duties by medical professionals.

Addressing these issues is crucial for ensuring timely and adequate diagnosis for victims, thereby safeguarding their rights and preventing undue harassment.