On February 15, 2025, Ms. Sarik Ankitha served as a resource person at a state-level seminar held at Laxmi Memorial College of Nursing, Balmatta, Mangalore. The seminar, attended by nursing students and faculty, focused on the topic “Laws and Law-Making Powers: How Applicable Are They?” with a particular emphasis on the legal aspects of forensic nursing. Ms. Ankitha highlighted and touched on the critical role of forensic nurses in bridging healthcare, law, and criminal justice systems, emphasizing the need for a robust understanding of legal responsibilities to ensure ethical practice, patient rights protection, and effective participation in legal proceedings.
She underscored the essential legal responsibilities for forensic nurses, including mandatory reporting of abuse and violence cases, meticulous evidence collection while maintaining the chain of custody, obtaining informed consent, safeguarding patient confidentiality, accurate legal documentation, and serving as unbiased expert witnesses in court. Ms. Ankitha highlighted how these responsibilities are crucial for maintaining the integrity of forensic evidence and ensuring justice for victims.
The seminar also explored the laws governing forensic nursing, including international guidelines such as the Health Insurance Portability and Accountability Act (HIPAA), the Violence Against Women Act (VAWA), and the United Nations Declaration of Basic Principles of Justice for Victims. In the Indian context, she touched on the relevance of the Indian Evidence Act, Code of Criminal Procedure (CrPC), Protection of Children from Sexual Offences (POCSO) Act, and sections of the Indian Penal Code related to dowry deaths, sexual assault, and domestic violence. Additionally, she highlighted the role of the Indian Nursing Council (INC) and State Nursing Councils in regulating forensic nursing practice and licensure.
Ms. Ankitha discussed the challenges faced by forensic nurses, including ethical dilemmas related to balancing patient confidentiality with legal obligations, risks associated with incomplete or contaminated evidence, legal liabilities for inadequate documentation or testimony errors, and complexities arising from varying jurisdictional laws. She emphasized the importance of continuous legal education and rigorous documentation practices to mitigate these challenges.
Particular emphasis was given to the POCSO Act (2012), which mandates child protection against sexual offenses. Ms. Ankitha highlighted the critical role forensic nurses play under this law, including conducting medical examinations, collecting forensic evidence, providing compassionate care, maintaining confidentiality, and serving as expert witnesses in court. She touched on the challenges involved, such as a lack of specialized training, fear of legal repercussions, psychological impacts on victims, and social stigma surrounding abuse cases.
The seminar included detailed discussions on legal responsibilities when handling medico-legal cases involving children and adults. Ms. Ankitha emphasized the importance of obtaining informed consent, using standardized evidence collection methods, maintaining meticulous documentation, and providing unbiased court testimony. She highlighted special considerations when handling child victims, such as age-appropriate communication and minimizing trauma, and stressed the importance of respecting the autonomy of adult victims in making legal decisions.
Ms. Ankitha also touched on notable cases demonstrating the impact of forensic nursing, including the Nirbhaya case (2012), Aruna Shanbaug case (1973), Jessica Lal murder case (1999), Priyadarshini Mattoo case (1996), Baby Doe case (2015, USA), and the JonBenét Ramsey case (1996, USA). She highlighted how these cases underscore the importance of forensic nursing in collecting and preserving evidence, providing detailed medical reports, and delivering expert court testimonies. These contributions are crucial for ensuring justice and advocating for victims' rights.
In conclusion, Ms. Ankitha emphasized the pivotal role of forensic nurses in legal investigations and the importance of continuous training and adherence to ethical and legal standards. She highlighted the need for forensic nurses to stay updated with evolving laws and legal practices to deliver compassionate care to victims while maintaining the integrity of forensic evidence. The seminar underscored the importance of forensic nursing as a bridge between healthcare and legal systems, contributing to justice and victim advocacy.