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Valedictory Address On The Occasion Of The First Madhya Pradesh Chapter Of
Indian Academy Of Forensic Medicine.
1) The sub-continent of ours with a population of more than 600 millions, which is constantly growing and there are no signs of abatement of growth, is facing colossal problems of rapid industrialization to provide employment to everybody, to accelerate growth of agricultural produces to feed every mouth, to provide shelter to every family and above the starvation line. All this is to be achieved in a democratic framework. The democracy in its turn depends on strict observance of 'rule of law' and maintenance of 'law and order'. An important part of State's activity in the maintenance of law and order consists in proper investigation if crime and successful prosecution of criminals. If because of want of efficient Investigation and efficient prosecution of the criminal escapes punishment he is encouraged in committing further crimes. Again, if due to the inefficiency of this agency an innocent is prosecuted and/or convicted, that also results in creation of spirit of vengeance giving rise to commission of crimes. The result in both the cases is the same namely, loss of confidence in the general public regarding 'rule of law'.
2) As it is, the problems in this connection are stupendous. They have been further aggravated by emphasis on materialism giving rise to the desire of becoming rich overnight resulting in additional tendency towards committing crimes. It cannot therefor, be denied and it is also not denied that an efficient investigating as well as a prosecuting agency is a must, I feel that very little attention is being paid to this aspect of the matter. It is high time that a separate Police force should be created and entrusted with only investigation of cases and their successful prosecution. I may also emphasize that at district level and High Court level efficient prosecutors are not appointed and most of the appointments are made on criteria other than the efficiency of the person concerned. It may appear that this is not the occasion for ventilating these grievances but I feel that this is closely connected with the subject we are concerned in this conference.
3) In the proper investigation of offences Forensic Medicine & Toxicology plays major role. Howsoever, efficiently the department of Forensic Medicine & Toxicology has discharged its function, it cannot have real impact before the court of law unless the findings are efficiently projected before the court. I may illustrate this observation by referring to the famous case of Nanavati, a navel officer, who was prosecuted for murder of the paramour of his wife. The defense was of accidental firing and, I feel but for efficient codex of the case by the then Government Advocate in the Bombay High Court, the case might have failed because there was general feeling of sympathy for the accused. I may bring to your notice that the said Prosecutor is today the Chief Justice of India.
4) I have already mentioned that the need of establishing efficient investigating agency, to be added equally by and agency devoted to Forensic Medicine & Toxicology, has been recognized but enough attention is not being given to the establishment thereof.
5) As to the latter aspect it may be mentioned that the central Medicolegal Advisory Committee at its session held in March, 1957 decided to appoint a survey committee to conduct a survey of medico-legal practice in the country for assessment of the existing conditions to provide a correct appraisal of deficiencies at various levels and to help formulate measures for correction of or remedial deficiencies. The committee was accordingly appointed and after about 6 years it submitted its report in the year 1964. The committee has observed, "We have to declare most regretfully that the medico-legal practice throughout the length and breadth of the country has been found to be in a most deplorable condition for the following reasons :-
The committee had further observed, " Consequently suspects may bit get a fair trial and it is possible that criminals may escape punishment and innocent persons convicted". I have already referred to the consequences of the escape of criminals and wrong involvement of innocent persons. Though inefficiency in medico-legal practices is in to way directly responsible for increasing crime figures yet the Committee has observed and rightly, "Well Organised and efficient Medicolegal services is indispensable for the proper investigation and trial of all crime cases which will have a deterrent effect on the criminals and make them realize that science does not permit crime to pay". The Committee has made exhaustive recommendations to renew the most deplorable condition in this field noted by it. At one place the Committee observed that the state of medico-legal practices has not changed since the publication of 'Bhore Committee Report, 1946' wherein it was observed, " The present position in regard to medico-legal problems is very unsatisfactory. Every medical practitioner in charge of a remote dispensary whatever his qualification or experience us asked to undertake medico-legal post mortem in complicated cases of crime and he is liable to be held in question thereafter, the presumption being that every medical mean is competent to undertake these responsibilities. But unfortunate;y neither the profession nor the judiciary nor the State has stopped to consider the absurdity of such presumption."
6) In this valedictory address it is therefore,, enough for me to observe that the recommendations made by the Survey Committee should be implemented throughout the country by the Central Government as soon as possible and the State Governments other part should move to implement the recommendations to the greatest possible extent without waiting for guidance of the Central Government. I do not think that judiciary is not aware of the absurdity of the presumption, and, if it is necessary for accelerating the process of implementing the recommendations, I add my humble voice in protesting against this absurdity.
7) As you've specially invited me to deliver his valedictory address, it appears that a few observations of my own are expected.
8) At the personal initiative of Dr. Heeresh Chandra an efficient Forensic Medicine Laboratory has been established at Bhopal and it is now financed by the Home Department I understand that in some important and complicated cases the help of Dr. Heeresh Chandra and his Assistants is taken but that help cannot reach every corner of this next biggest State of India. The position is that even today most of the Medicolegal work is being carried out by ordinary medical graduates not specially trained in medico-legal practices. The first step that may be taken in this direction is to train surgeons with at least thereto years experience and preferable those holding M.D. in Forensic Medicine or a special diploma in the subject. These picked up doctors can be trained under the guidance of Medicolegal Institute and other experts in this department the services of whom may be secured for the training courses. Such trained officers should be appointed at the first instance at the district level providing them with suitable facilities and granting them special pay to induce them to wake up this so-called dirty work.
9) In a memorandum submitted to the 8th Finance Commission, so far as Medico-Legal Institute is concerned, reference has been made regarding the achievements of the State Medico-Legal Institute and desirability of upgrading of the present Institute in the 'Central Institute' has been emphasized and in that eventuality the financial aspects have also been considered. Similarly the Memorandum also refers to medico-legal service at the district level and emphasis has been given on establishment of suitable mortuaries and post mortem accommodation etc. The financial implications have also been considered. The financial implications are not at all stupendous which cannot be tackled by the Central Government and the State Government if the urgency of providing efficient medico-legal aid is really appreciated by the Central as well as State Government. I hope, it is high time that this matter shall be seriously considered.
10) Even if trained officers at district level are appointed it will become difficult for the district officer to tackle with all the medico-legal cases. Till the number of such officers is increased it may be made compulsory that autopsy is murder cases arising out of violence or poisoning should only be undertaken by the specialist and other cases may be left to the ordinary medical graduates
11) There is arising incidence of rapes both in the rural and urban areas and that of dowry deaths. This has so much agitated the public mind that there is a clamor for making strict laws as to the presumptions that may be drawn in such cases. The responsibility of the medico-legal therefore, increases in the same proportion. Any inefficient examination may result in innocent persons getting involved. It is easy to make an allegation of rape but it is very difficult to prove one's innocence. I would, therefore, emphasize the fact that in such cases medico-legal experts should be very careful, and such cases should be examined by the expert at the district level. A very interesting article is published on p.137 onwards, regarding medical examination of the live rape victim and the accused, in the Medical Medicine Annal' of 1977 wherein all the details as to how the victim and the accused should be thoroughly examined. Every medico-legal expert, in my opinion should adhere to the instructions given in the article. If this is done, the real culprits will not be saved and innocents of false charge of rape shall not be involved. The importance of this thorough examination may be illustrated from a case which I was required to handle at the High Court level as a Government Advocate. Most probably you are aware of the famous Usha Bhargava case of Jabalpur. In that case after Usha Bhargava was raped she committed suicide because of the resultant shame by pouring kerosene on her body and putting matches to it. When she was alive her dying declaration was also recorded but it was not sufficient enough to fix udoubty of the culprits beyond doubt. After her death the post mortem was also performed in presence of Civil Surgeon and a lady doctor. It was not a case of 3rd degree or even second degree burns, et an opinion was given that whether hymen was ruptured or not could not be positively ascertained of the extensive burns. The accused involved in the case was son of a rich person and it is said that a lot of money was spent overnight. I do not know whether this caused the opinion in the away it was given. Fortunately a swab of the vagina was taken and on its examination presence of germs of gonorrgoea were found. Another doctor had examined the two alleged accused who found that one of the accused was suffering from the above disease. It could, thus be established that rape was actually committed on the poor girl and the identity was also established. If the doctor who examined the accused would have been won over, perhaps it would have become difficult to book the accused persons. Here I may observe tat is a feeling in the general public that in most of the Medicolegal cases the Doctors are bribed and the accused person get of scot-free. To my own part don not believe that all the doctors are corrupt and they give false or confused medical reports. But it cannot also be denied that some of them are victims of the disease of corruption's and has noble tradition. I hope the profession itself would take vigorous steps to suppress this disease.
12) I would also like to emphasize the fact that it is not enough that you are a properly trained medico-legal expert but it is also necessary for the expert to be in a position to reconstruct the crime. In this connection the situation at the time of the incident and the surrounding circumstances play a very important part. When the medico-legal expert is consulted, it is necessary that the above said factors should be brought to his notice so that he can really reconstruct the crime. It is well known that in the cases of homicidal or suicide by strangulation the tongue comes out of the mouth, the eye-balls gets bulged out etc. But if the body is removed from the hanging position and kept on the ground the tongue may get inside the mouth and eyeballs may also get its original position and the face may become normal. In such cases it is very desirable that the photographs of the victim should be taken in the hanging position so that there should not be any scope for argument that it was not a case of hanging as the usual symptoms were not present
13) When I visited the Forensic Medicine Laboratory established by Dr. Heeresh Chandra I found a case where only the hair of the victim were burnt. The evidence of her daughters was that she had poured kerosin over her head and that set it at a fire. The daughters on their part poured water over the head in an attempt to extinguish the fire. It appears that while the victim did so she was standing in the bathroom near the door. On inspection of the spot it was found that the paint on the door was signed at the height in a standing position. This fact corroborated the evidence of the daughters and , thus, saved and innocent husband from the charge of murder of his wife
14) I have already referred to the case of a navel officer reconstruction of the crime played a great part so as to demolish the defence of accident. In stab wound cases generally the defence of accidental piercing of the stabbing instrument is taken by the accused. Here also the reconstruction of the crime becomes necessary so as to find out if the wound caused could be as a result of accident in an attempt of self-defence or it was really the cause of deliberate stabbing.
15) A case had come before me in which, it was alleged that the victim was stabbed in the back which resulted in the piercing of the heart. The incident was alleged to have taken place on the first floor. It was allege that the victim ran away from the place, came down and ultimately felt in a byelane and died. It was very strenuously argued before me in appeal that a person whose heart was pierced could not have reached the byelane, and collapsed at the place of incident itself. It was thereby suggested that the victim was stabbed in the byelane by some unknown person. There was evidence of presence of blood in the room of the first floor as also on the steps of the staircase. On the basis of this evidence and my observations that injury to the heart does not immediately stop functioning of the brain and the person with the instinct of self-preservation could cover that much distance even with the kind of injury that he had received. I had rejected the contention. I was of course helped by some of the cases quoted in books on Medical Jurisprudence. But the presence of blood not only the room but throughout the passage covered by the victim helped me a lot in coming to the conclusion that I did.