Sexual exploitation of vulnerable patients will erode doctor-patient relationship: Karnataka High Court

Observing that sexual exploitation of patients by a medical practitioner will erode relationship of trust between a doctor and a patient, the High Court of Karnataka has declined to quash investigation into a criminal case registered against a 33-year-old city-based doctor for allegedly making sexual overtures to a 28-year-old woman patient.

Observing that sexual exploitation of patients by a medical practitioner will erode relationship of trust between a doctor and a patient, the High Court of Karnataka has declined to quash investigation into a criminal case registered against a 33-year-old city-based doctor for allegedly making sexual overtures to a 28-year-old woman patient.

“A doctor by profession has access to the body of the patient. If the access is utilised for the purpose of healing, it is an altogether different circumstance and a divine act. If it is utilised for ‘some other feeling, it would clearly become advances’ which would attract Section 354A [sexual harassment] of the Indian Penal Code,” the court observed.

Justice M. Nagaprasanna made these observations while dismissing a petition filed by Chetan Kumar, who practises in a private hospital as well as operates a clinic.

The FIR was registered against the petitioner in March on a complaint by the victim that he made explicit sexual overtures. He advised the victim, who consulted him at the hospital, to get ECG and X-ray of chest for her cough and send the test report to his his mobile number through WhatsApp. When she sent the report, he messaged her to come for further examination to his clinic, where he indulged in the offence alleged against him. However, the petitioner has denied the allegations.

“The unequal distribution of power in the doctor-patient relationship may give rise to opportunities of sexual exploitation. This vulnerability should not be used as a weapon by doctors, misusing the trust the patient reposes in the doctor,” the court observed.

Also, the court pointed out that the Indian Medical Council had issued “guidelines for doctors on sexual boundaries” prepared by the Indian Psychiatric Society (IPS) task force. The guidelines, available on its website, pointed out that whenever a female patient was being examined by a male practitioner, it should be ensured that it would be done in the presence of a female person, particularly at the time of physical examination, the court noted.

The guidelines also stated that doctors should ensure that they did not exploit the doctor-patient relationship for personal, social, business, or sexual gain, the court said while observing that the petitioner-doctor had prima facie violated all these aspects and therefore an investigation in the least, should be permitted to be continued.