PIL 75/2009 BEFORE HON’BLE THE CHIEF JUSTICE MR. MADAN B. LOKUR HON’BLE MR. JUSTICE HRISHIKESH ROY This PIL has been filed praying that female victims of sexual offences should be examined by female Doctors only. In response to this PIL, the respondents have filed two affidavits. In the first affidavit dated 19.8.2010 filed by the Deputy Secretary to the Govt . of Assam, Political (A) Department it has been stated that the Health Departme nt of the Government of Assam has considered the problem of conducting medical e xamination in rape cases and such examinations will now be done by lady Doctors only. It is stated that in case a lady Doctor is not available, the services of a trai ned lady Nurse will be utilized. Therefore, the Health Department has suggested that: I. All such tests should be done by lady doctors only; II. Wherever the lady doctors cannot be reached within 24 hours of the incid ent, the smear test slide can be prepared at the nearest PHC/CHC through the fem ale GNM’s. For this purpose training of GNMs etc. should be carried out. III. GNMs would however, only be taking the smear and all other tests of the victim shall have to be conducted by a lady doctor having minimum MBBS qualifica tion at the nearest available location . In the second affidavit filed by the Director General of Police (DGP), Assam on 19.8.2010 it is stated that even though there is no statutory mandate that femal e victims of sexual offences should be examined only by a lady Doctor. However, steps will be taken to circulate a guideline to all Field Staff to take every at tempt to examine a rape victim by a female Doctor and if necessary by a private female practitioner, where there is no female Doctor available. The expanses for the examination by a private female Doctor will be at State expense. In view of these affidavits, we are of the opinion that nothing survives in this PIL. We expect the Director General of Police, Assam and the Health Department of the Govt. of Assam and all other concerned to ensure that a female victim of sexual offence is examined only by a lady Government Doctor and if there is no lady Do ctor available, by a private female practitioner at State expense or by a traine d female Nurse. Immediate steps should be taken by the respondents to impart necessary training to female Nurses. These directions should be circulated to all Police Stations and Government Hosp itals in the State. The Director General of Police, Assam and the Health Departm ent, Assam will take immediate necessary steps in this regard. This writ petition stands disposed of.