Health and Me

Itisha Arya

Your Rights When You Feel Sexually Exploited By Your Doctor - Explained!

rights as patient sexual misconduct hospital

Walking into a clinic or diagnostic centre is never easy. You carry your worries, discomfort, or questions, hoping the people there will guide you with care. Most medical professionals honour that trust. But when someone crosses a line—when a touch feels sexual, unnecessary, or wrong, the sense of safety disappears instantly. It’s not just awkwardness; it’s a violation in a place where you should feel protected.

A recent case in Bengaluru shows just how real this is. A radiologist at a private diagnostic centre was booked for allegedly sexually harassing a woman during a routine scan. When she spoke up, he reportedly threatened her and used abusive language to intimidate her. She had come for an abdominal scan with her husband, expecting a routine procedure, not harassment.

What stays with you after such an experience is not just the shock, it’s the feeling that your trust has been broken. That moment cannot be taken back. What you can do, however, is make sure the system is held accountable, so no one else has to face the same harm.

This raises an important question. Are there legal protections in India that support patients in such situations? To understand this better, we spoke with Anisha Mathur, Founding Partner at Shepherd Law Associates.

<h2>What Does India’s New Criminal Law Say?</h2>

India’s updated criminal code, the <span>Bharatiya Nyaya Sanhita</span> (BNS), which replaces the Indian Penal Code, is clear that sexual misconduct is a crime no matter where it occurs. Clinics, nursing homes, physiotherapy rooms, diagnostic centers, and even home-based procedure spaces fall under its scope. If a staff member touches a patient in a way that is not medically necessary, ignores privacy during an intimate examination, makes the patient feel uncomfortable, or reveals sexual intent, the act may be treated as a criminal offence.

According to Anisha Mathur, “Unwanted or unnecessary touch can amount to sexual harassment. Any contact that has sexual intent and is not medically justified may be treated as assault with sexual intent. The context, the nature of the procedure and the patient’s consent are all considered while determining this. A medical setting is not a loophole. A uniform is not immunity. Misconduct is misconduct.”

<h2>Actions To Take When A Sexual Misconduct Takes Place In A Medical Setting</h2>

Once you recognise that the behaviour is inappropriate, you have every right to act. Anisha Mathur suggests the following steps:

Say you want the procedure to stop. You may ask for a female attendant or any other staff member to be present.

Walk to the waiting room or any open space within the facility.

Record the time, the room, what happened and who was involved. Even small details may matter later.

In a larger hospital or diagnostic chain, go to the administration or patient desk and request that your complaint be put in writing. Many such establishments have an Internal Committee (IC) under the Prevention of Sexual Harassment (PoSH) Act, 2013.

If you are in a smaller clinic, nursing home or any space without a complaint system, call 100 or 112. When the officials arrive, ask them to record your statement. If you can reach a lawyer, it helps, because early legal guidance prevents confusion and intimidation. 

Anisha adds, “Authorities may ask whether you want a Medico-Legal Certificate (MLC) examination to document physical signs, which is normal. You can request a trusted friend or family member to be with you. You do not need to know the law in that moment. You only need to protect yourself, the law will support you. If something feels wrong, it is wrong. You are allowed to stop the procedure immediately.”

<h2>Legal Actions You Can Take After the Incident</h2>

Once the initial shock settles, several routes are available:

• Requesting disciplinary action from the medical council

• Filing a civil or consumer case if the establishment failed in its duty

Anisha Mathur stresses that both the individual staff member and the institution can be held responsible. This is often how meaningful change begins.

<h2>Can a Patient File a Complaint Anonymously?</h2>

In many hospitals and clinics, internal systems allow anonymous complaints. For police cases, your identity is needed for investigation, but Indian law protects your privacy strictly. Your name cannot be disclosed publicly. Any attempt to threaten or silence you becomes a separate offence.

<h2>Are Hospitals Expected To Have Safety Measures For Patients?</h2>

Every medical facility is expected to follow basic standards that protect patients. According to Anisha, these include:

• Clear consent before intimate examinations

• Staff training on professional boundaries

• A channel for patients to raise concerns

If these were ignored or missing, it strengthens the patient’s case. These protections are not optional. They are part of the provider’s legal duty.

<h2>Consequences For Staff Who Violate Boundaries</h2>

Sexual misconduct by medical staff is treated as seriously as misconduct in any other setting, sometimes more so because patients are vulnerable and rely on the professional’s judgment. Anisha explains, “Under BNS, the staff member can face criminal prosecution leading to arrest, fines, suspension or dismissal, and loss of professional license. Courts have repeatedly said that misusing power in a caregiving role makes the offence more serious, not less.”

Being in a medical space should never turn into an experience marked by fear. Any form of sexual misconduct during care is a violation of your dignity at a moment when you are already exposed and trusting. What happened cannot be undone. 

Anisha Mathur stresses this and says, “Your voice can bring accountability. Your action can protect someone else. Your dignity remains yours, and the law stands with you.”

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Bharatiya Nyaya Sanhita

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Walking into a clinic or diagnostic centre is never easy. You carry your worries, discomfort, or questions, hoping the people there will guide you with care. Most medical professionals honour that trust. But when someone crosses a line—when a touch feels sexual, unnecessary, or wrong, the sense of safety disappears instantly. It’s not just awkwardness; it’s a violation in a place where you should feel protected.A recent case in Bengaluru shows just how real this is. A radiologist at a private diagnostic centre was booked for allegedly sexually harassing a woman during a routine scan. When she spoke up, he reportedly threatened her and used abusive language to intimidate her. She had come for an abdominal scan with her husband, expecting a routine procedure, not harassment.What stays with you after such an experience is not just the shock, it’s the feeling that your trust has been broken. That moment cannot be taken back. What you can do, however, is make sure the system is held accountable, so no one else has to face the same harm.This raises an important question. Are there legal protections in India that support patients in such situations? To understand this better, we spoke with Anisha Mathur, Founding Partner at Shepherd Law Associates.What Does India’s New Criminal Law Say?India’s updated criminal code, the Bharatiya Nyaya Sanhita (BNS), which replaces the Indian Penal Code, is clear that sexual misconduct is a crime no matter where it occurs. Clinics, nursing homes, physiotherapy rooms, diagnostic centers, and even home-based procedure spaces fall under its scope. If a staff member touches a patient in a way that is not medically necessary, ignores privacy during an intimate examination, makes the patient feel uncomfortable, or reveals sexual intent, the act may be treated as a criminal offence.According to Anisha Mathur, “Unwanted or unnecessary touch can amount to sexual harassment. Any contact that has sexual intent and is not medically justified may be treated as assault with sexual intent. The context, the nature of the procedure and the patient’s consent are all considered while determining this. A medical setting is not a loophole. A uniform is not immunity. Misconduct is misconduct.”Actions To Take When A Sexual Misconduct Takes Place In A Medical SettingOnce you recognise that the behaviour is inappropriate, you have every right to act. Anisha Mathur suggests the following steps:Step 1: Pause the interactionSay you want the procedure to stop. You may ask for a female attendant or any other staff member to be present.Step 2: Move to a safer areaWalk to the waiting room or any open space within the facility.Step 3: Note down detailsRecord the time, the room, what happened and who was involved. Even small details may matter later.In a larger hospital or diagnostic chain, go to the administration or patient desk and request that your complaint be put in writing. Many such establishments have an Internal Committee (IC) under the Prevention of Sexual Harassment (PoSH) Act, 2013.If you are in a smaller clinic, nursing home or any space without a complaint system, call 100 or 112. When the officials arrive, ask them to record your statement. If you can reach a lawyer, it helps, because early legal guidance prevents confusion and intimidation. Anisha adds, “Authorities may ask whether you want a Medico-Legal Certificate (MLC) examination to document physical signs, which is normal. You can request a trusted friend or family member to be with you. You do not need to know the law in that moment. You only need to protect yourself, the law will support you. If something feels wrong, it is wrong. You are allowed to stop the procedure immediately.”Legal Actions You Can Take After the IncidentOnce the initial shock settles, several routes are available:• Filing a criminal complaint (FIR)• Requesting disciplinary action from the medical council• Filing a civil or consumer case if the establishment failed in its dutyAnisha Mathur stresses that both the individual staff member and the institution can be held responsible. This is often how meaningful change begins.Can a Patient File a Complaint Anonymously?In many hospitals and clinics, internal systems allow anonymous complaints. For police cases, your identity is needed for investigation, but Indian law protects your privacy strictly. Your name cannot be disclosed publicly. Any attempt to threaten or silence you becomes a separate offence.Are Hospitals Expected To Have Safety Measures For Patients?Every medical facility is expected to follow basic standards that protect patients. According to Anisha, these include:• Clear consent before intimate examinations• A female attendant upon request• Privacy safeguards during procedures• Staff training on professional boundaries• A channel for patients to raise concernsIf these were ignored or missing, it strengthens the patient’s case. These protections are not optional. They are part of the provider’s legal duty.Consequences For Staff Who Violate BoundariesSexual misconduct by medical staff is treated as seriously as misconduct in any other setting, sometimes more so because patients are vulnerable and rely on the professional’s judgment. Anisha explains, “Under BNS, the staff member can face criminal prosecution leading to arrest, fines, suspension or dismissal, and loss of professional license. Courts have repeatedly said that misusing power in a caregiving role makes the offence more serious, not less.”Being in a medical space should never turn into an experience marked by fear. Any form of sexual misconduct during care is a violation of your dignity at a moment when you are already exposed and trusting. What happened cannot be undone. Anisha Mathur stresses this and says, “Your voice can bring accountability. Your action can protect someone else. Your dignity remains yours, and the law stands with you.”