Forensic Medical Ethics In India: Duties, Liabilities, And Challenges In Custodial Deaths, Sexual Assault Examinations, And Age Determination
- IJLLR Journal
- 11 minutes ago
- 2 min read
Jenimettilda J, Tamilnadu Dr. Ambedkar Law University
ABSTRACT
Forensic medical practice occupies a critical position within India’s criminal justice system, where the accuracy and integrity of medico-legal examinations directly influence investigations, judicial findings, and the protection of constitutional rights. This article examines the ethical duties and legal responsibilities of forensic practitioners in three highly sensitive domains: custodial death investigations, sexual assault examinations, and age determination assessments. These contexts reveal how medico-legal procedures shape outcomes in cases involving allegations of torture, sexual violence, and juvenility disputes, and how ethical failures can produce miscarriages of justice. By tracing the constitutional, statutory, and professional framework governing medico-legal work, the article demonstrates that forensic ethics is not merely a professional aspiration but a legally enforceable obligation rooted in Article 21’s guarantees of dignity and fair process.
The analysis highlights systemic weaknesses including lack of institutional independence, inadequate training, and infrastructural deficiencies that hinder ethical compliance even among well-intentioned practitioners. It argues that inaccurate or biased forensic reporting can conceal custodial abuse, undermine rape prosecutions, distort age assessments, and erode public confidence in state institutions. The article further explores the criminal, civil, and professional liabilities that arise when medical practitioners deviate from established ethical and legal standards. In its recommendations, the article proposes a set of practical reforms—such as independent forensic services, improved training, enhanced oversight, and digital documentation systems to strengthen medico-legal integrity in India. Together, these insights underscore that forensic ethics is essential not only for reliable evidence but also for upholding the constitutional values of fairness, transparency, and accountability that anchor the Indian criminal justice system.
Keywords: Forensic medical ethics; medico-legal examinations; custodial deaths; sexual assault forensics; age determination; juvenile justice; constitutional rights; Article 21; medico-legal independence; forensic accountability; medical jurisprudence; criminal justice system; professional liability; evidentiary standards; National Medical Commission (NMC); human rights protections; scientific integrity; forensic documentation; police influence; trauma-informed care.
