Prayagraj, Apr 21 (PTI) The Allahabad High Court has taken serious note of undue harassment of rape victims due to delays in their medico-legal radiological examination mainly due to the non-availability of radiologists in various districts across the state.

The court emphasized on the need for a proper appointment and transfer policy for government doctors in the state.

Taking note of the fact that while some districts had no radiologist though others had more than one, the high court observed, “From bare perusal of the list filed by the Principal Secretary, Medical Health & Family Welfare, Govt. of UP, speaks volumes of disproportionate posting of radiologists across the State.” “Concentrating 78 radiologists in a single district like Lucknow, while leaving other districts without even one does raise serious concerns about equitable distribution of medical resources,” the court added.

Justice Krishan Pahal made the observations while hearing a bail application of a man against whom an FIR was lodged by a girl’s father that he had abducted and raped his 13-year-old minor daughter. But the girl had claimed that she had gone with applicant on her own will and later the girl was found to be 19-year-old i.e. of consenting age in ossification test but due to false averments regarding her age, the man remained in jail for six months.

According to the girl, she can have a relationship with the man as per law and hence, he did not commit any crime as she left her father’s house at her own free will and accompanied him to his house.

Later on, the court directed CMO, Ballia for ossification test of the girl but due to non-availability of a radiologist at Ballia she was taken to Varanasi where the health department refused to conduct her test raising a technical ground that the court had directed state government doctor at Ballia and not Varanasi to conduct the test.

The court said, “The radiologists have wilfully disregarded the constitutional mandate by refusing to perform the radiological examination of the victim thereby undermining the victim’s right to timely and adequate diagnosis. The doctors cannot refuse the radiological examination of a victim due to lack of jurisdiction just as they cannot decline on the grounds of caste, gender etc.” PTI COR RAJ KVK KVK