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Task 4 UbAdvocate

1) According to Indian law, private and government hospitals must provide free immediate medical treatment to rape victims and cannot charge any fees. Hospitals that demand payment can face legal punishment. 2) Medical examinations of rape victims cannot include the two-finger test and doctors can only check for injuries to private parts and evidence of recent sexual activity, not past sexual history. 3) The government has issued guidelines including a standard evidence collection kit and requirements for medical reports for rape examinations.

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Enrique Iglesias
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52 views2 pages

Task 4 UbAdvocate

1) According to Indian law, private and government hospitals must provide free immediate medical treatment to rape victims and cannot charge any fees. Hospitals that demand payment can face legal punishment. 2) Medical examinations of rape victims cannot include the two-finger test and doctors can only check for injuries to private parts and evidence of recent sexual activity, not past sexual history. 3) The government has issued guidelines including a standard evidence collection kit and requirements for medical reports for rape examinations.

Uploaded by

Enrique Iglesias
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Free medical treatment in any private hospital

According to Section 357C of Code of Criminal Procedure, no private or government hospital can charge
fees for the treatment of rape victims. All hospitals, either private or public, shall immediately provide
first aid to the victims free of cost. If any of the hospitals demand a fee for the treatment of rape victims,
then they shall be punished under Section 166B of the Indian Penal Code (non-treatment of the victim)
for up to 1 year and shall be liable for a fine or both.

No two-finger test during the medical examination

No doctor shall possess the right to do two-finger tests while doing the medical examination. According
to Section 164A of the Code of Criminal Procedure, this provision tells how the report will be made and
what things will be written under the report.

The Supreme Court itself supported this ruling in the case of Lillu Alias Rajesh and Another vs State of
Haryana and stated that Two finger test and its interpretation violates the right of rape survivors to
privacy, mental integrity and dignity. Hence, it is illegal.

The only work of the doctor is to check whether there is any injury in private parts or not?

Is the rape has been committed with the victim or not?

Is there any recent sexual activity that happened or not?

No doctor has the right to check about the past activity of the victim. Keeping this in mind.

Ministry of Health issued a guideline under which a medico-kit has been provided in every hospital to
collect the DNA sample for forensic testing.

And the report shall contain:

Name and Address


Age

Description of the material taken for the DNA testing

Marks of injury

General Mental Condition

Other reasonable material

A male doctor is going to do the medical examination;

he must take the consent for doing the same. Also, he must tell what objects he will use at the time of
examination, what procedure he is going to follow.

But, he cannot do a two-finger test, otherwise it will charge him for rape under Section 375 of Indian
Penal Code for inserting an object in private part.

Chhattisgarh State Government has clearly stated that: only ladies doctors will examine the rape
victims.

Chirag Yadav

Intern at ubAdvocate

[email protected]

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