Last Change:

05/02/2025

Anti-Rape (Crises Cell and Medico-Legal) Rules, 2022

Year: 2022

Type: Domestic law

Rights Category: Health, Liberty & security of person

Description

The Ministry of Law and Justice, upon the recommendations of the Special Committee, in exercise of the powers conferred by sub-section (1) of section 19 of the Anti-Rape (Trial and Investigation) Act, 2021, notified the Anti-Rape (Crises Cell and Medico-Legal) Rules, 2022 on 14 February 2023 to clarify procedures for the anti-rape crises cells and treatment and medico-legal examinations. 

Selected provisions
Rule 3 - Establishment of anti-rape crises cell.

(1) An anti-rape crisis cell (ARCC) shall be established to perform functions under the Act and these rules.
(2) A dedicated ambulance shall be made available with ARCC and shall be pressed into service in case a distress call is made to the ARCC desk. In remote areas where an ambulance may not be available, any motor vehicle equipped with or containing medical equipment for urgent medical aid shall be attached.
(3) ARCC entrance shall have a reception desk with one male and one female staff. The female staff member shall be present at all times. Pamphlets/booklets both in Urdu and English explaining the facilities available for the victim at ARCC shall be present at the reception.
(4) A duty roster shall be maintained at the ARCC containing names, job description and contact numbers of all employees and persons in attendance.
(5) A register of records shall be maintained for all patients visiting ARCC in the format given in Schedule "A" on computer as well as on notebook registers.
(6) Telephone at the reception desk shall be available to take distress calls. The staff shall be trained and shall be able to note down information given by the victim, guide the victim on steps to be taken, dispatch an ambulance along with one female nurse staff of ARCC in case the victim is at the scene of crime.
(7) Database of all local police stations, medico-legal officers (MLOs), special prosecutors, gynecologists, pediatricians, physiologists and relevant forensic department officers may be present and readily available at all ARCCs in computer and on register.
(8) ARCCs may be equipped with a secured E-ARCC Software which will have all information data of victims; it will enable prompt exchange of information with police/forensics department.
(9) Priority shall be given to immediate treatment of the victim and appropriate measures shall be taken to ensure privacy.
(10) New and clean clothing (free size) for women and children be available as replacement for those taken away for evidence/forensics purposes.
(11) Basic amenities such as running water, refrigerator for storage of samples, separate clean and functional bathroom for the victim and the staff along with one drying cupboard for clothes of the victim should be present in each ARCC.
(12) ARCC shall assist the victim or the person who has brought the victim to make emergency calls to the police, family or friend.
(13) For assisting minor/persons with disabilities, use of human figure dolls or other methods along with diagrams may be provided to explain an act or fact.
(14) List of sign language may be maintained in ARCC to facilitate persons with disabilities.
(15) Room for examining of minors shall be a child friendly room with brightly lit/calming color paint on at least one of the walls, toys (especially clean stuff/plush toys) for minor victims to play with.
(16) In case the victim comes at night and does not have a safe place to stay, they may be allowed to stay the night at the ARCC until arrangements are made for them at dar-ul-amans or other government facilities designated in their behalf.
(17) Entry of all sorts of media/print will be banned at the ARCC. No statements by the staff of the ARCC are allowed at all times. Disclosure of identity of the victim by any staff member of ARCC will be subjected to prosecution under section 375A of the Pakistan Penal Code, 1860.
(18) Security guard shall be present at the entrance of the ARCC.
(19) No family member or friends shall be allowed to remain with the victim if there is suspicion of involvement.

Rule 5 - Treatment and medico legal examination upon arrival.

(1) No victim shall be refused treatment and medico legal examination for any reason whatsoever and medico-legal examination shall be conducted as per guidelines prescribed under Schedule "B".
(2) Victim with severe injuries will be treated for the injuries first. The victim shall be immediately sent to the emergency ward of the hospital. ARCC shall be equipped with full first aid and such other medical facilities to provide for minor to grievous injuries.
(3) For the protection/wellbeing of the victim, antibiotics for wounds to prevent infections, tetanus booster, medication to relieve anxiety/pain be administered, also blood tests for sexually transmitted infections be taken and in case of the result being positive, medications be prescribed. Basic HIV testing should also be done. HIV PEP medications should be administered if the victim has come within seventy-two hours of being raped or assaulted. If the HIV result is positive, referrals on the basis of confidentiality shall be made by ARCC. Pregnancy test shall also be taken. Emergency contraceptive pills (ECPs) may be administered if rape victim has come within 72 hours from the commission of crime.
(4) After the medico-legal examination, the victim be allowed to shower/wash up using toiletries present at ARCC.
(5) A fresh set of free size clothes be given to the victim for recording of statement and counseling after undergoing medico-legal examination.

Rule 9 - Counseling.

In case of need for counseling prior to the recording of statement, the special prosecutor or psychologist or both will introduce themselves in a professional and courteous manner so that the victim may be able to come out of any fear and understand the need to make a statement of truth. No coercion shall be used against victim for making of a statement at the ARCC.