I always hate the inhuman practice. I stressed that it should not be practiced. It was insulting and gender discriminatory.
Now the 'two-finger test' - the crudest way of examining survivors of sexual assault, which has been denounced by the Justice Verma Commission
Read this article and I quote-
Now the 'two-finger test' - the crudest way of examining survivors of sexual assault, which has been denounced by the Justice Verma Commission
Read this article and I quote-
KOLKATA: The Mamata Banerjee government has standardized an operative protocol for forensic medical examination of rape survivors, following a Supreme Court order in September 2013.
The "proforma for examination of a victim of sexual assault", passed on October 30, has done away with the 'two-finger test' - the crudest way of examining survivors of sexual assault, which has been denounced by the Justice Verma Commission.
However, though the commission has redefined rape as including non-penetrative sexual contact, the focus of the medico-legal examination continues to be checking the status of the hymen, which could get damaged for other reasons, even though it has made the survivor's consent (in her own handwriting) mandatory. It says the survivor should be examined "preferably" by a woman medical officer in the presence of a nurse or a female employee of the hospital and asked for psychological counselling for the survivor.
"The government has tried to bring uniformity in the process of forensic medical examination of victims of sexual assault, with a list of dos and don'ts," a senior health department official said. The nine-page proforma includes DNA profiling of the vaginal swab and makes rape-evidence collection kits a must in emergency departments.
Rape survivors are humiliated and discriminated, thanks to invasive medical tests that often end up doing little beyond harming their case. All this time the trial procedure was all the more precarious because a doctor would write down his opinion on a piece of paper and send it to the police. The ambiguity in the proforma often led to weakening of the case.
"The Union health ministry has said that since health is a state subject, the onus is on the state governments to issue guideline of sexual assault cases. So, we had to come up with the protocol," said an official.
"It's a laudable effort, but it would serve greater good if the chinks are addressed so as to respect the victim's dignity. Doctors and nurses should be trained on the precise scientific approach to treat and examine victims as well as collect important evidence and document those. The most convenient thing would be incorporating the training in the nursing curriculum," said women's rights activist Santasree Chowdhury.
However, the proforma includes questions about the survivor's build and presence of injuries. It has sought information about the status of the hymen, obstetric history, recording the survivor's weight and build and presence of injuries.
"Aren't these tests as violative as the two-finger test? The proforma is still crude and doesn't really favour women," said a social activist. However, former chairman, West Bengal Human Rights Commission, Justice (retd) Chittatosh Mookerjee, said: "It is in the victim's interest that the medical test is thorough. Or else, the suspect gets away scot-free."
Physician Uzma Nafis explained: "Examining the hymen or other parts is not about proving rape, but the brutality of it. Most rapes are about grave physical assault and one must find out the extent of the brutality."
Taj Mohammad, former director, prosecution, echoed her: "The onus is on the victim to establish that the crime has occurred. Hence, all the details are sought. Although the proforma has made medical examination optional, it would be for the benefit of the victim to agree to it and cooperate."
Somnath Das, associate professor, forensic medicine, RG Kar Medical College and Hospital, said: "The sole purpose of the genital area examination is to find out if there has been forceful sexual intercourse. But we don't prioritize hymen-tear. The protocol ensures uniform investigation, which is new to the state." The WHO's medico-legal guidelines say that only fresh tear to the hymen should be recorded, just like any other fresh injury to the body or genitals.
Park Street Rape victim
It's a beginning to make a victim feel more wanted and accepted by society. Acceptance is a very important because it makes the women feel comfortable and it helps them rehabilitate themselves to become survivors and fight their battling instead of suffering in silence.
Santasree Chowdhury, women's activist: The medical test is the most harrowing part of the rape survivor's story. I am glad that finally there is a uniform format which, hopefully, would leave little room for ambiguity. I just hope nurses (to say the least) are trained to be part of the examination.
Uzma Nafis, physician: Just the other day, we were examining a survivor at our clinic. It was clear that she was physically assaulted and we had to examine her thoroughly by a woman gynaecologist to find out the extent of the torture. It's good that the government has, at last, put things in black and white.
Ashok Banerjee, government pleader: The proforma has been well thought out and drafted in such a way so as to be acceptable to both the victim and the suspect. Sometimes, a person may be falsely implicated. In that case, the details sought in the medical test may come handy.
The "proforma for examination of a victim of sexual assault", passed on October 30, has done away with the 'two-finger test' - the crudest way of examining survivors of sexual assault, which has been denounced by the Justice Verma Commission.
However, though the commission has redefined rape as including non-penetrative sexual contact, the focus of the medico-legal examination continues to be checking the status of the hymen, which could get damaged for other reasons, even though it has made the survivor's consent (in her own handwriting) mandatory. It says the survivor should be examined "preferably" by a woman medical officer in the presence of a nurse or a female employee of the hospital and asked for psychological counselling for the survivor.
"The government has tried to bring uniformity in the process of forensic medical examination of victims of sexual assault, with a list of dos and don'ts," a senior health department official said. The nine-page proforma includes DNA profiling of the vaginal swab and makes rape-evidence collection kits a must in emergency departments.
Rape survivors are humiliated and discriminated, thanks to invasive medical tests that often end up doing little beyond harming their case. All this time the trial procedure was all the more precarious because a doctor would write down his opinion on a piece of paper and send it to the police. The ambiguity in the proforma often led to weakening of the case.
"The Union health ministry has said that since health is a state subject, the onus is on the state governments to issue guideline of sexual assault cases. So, we had to come up with the protocol," said an official.
"It's a laudable effort, but it would serve greater good if the chinks are addressed so as to respect the victim's dignity. Doctors and nurses should be trained on the precise scientific approach to treat and examine victims as well as collect important evidence and document those. The most convenient thing would be incorporating the training in the nursing curriculum," said women's rights activist Santasree Chowdhury.
However, the proforma includes questions about the survivor's build and presence of injuries. It has sought information about the status of the hymen, obstetric history, recording the survivor's weight and build and presence of injuries.
"Aren't these tests as violative as the two-finger test? The proforma is still crude and doesn't really favour women," said a social activist. However, former chairman, West Bengal Human Rights Commission, Justice (retd) Chittatosh Mookerjee, said: "It is in the victim's interest that the medical test is thorough. Or else, the suspect gets away scot-free."
Physician Uzma Nafis explained: "Examining the hymen or other parts is not about proving rape, but the brutality of it. Most rapes are about grave physical assault and one must find out the extent of the brutality."
Taj Mohammad, former director, prosecution, echoed her: "The onus is on the victim to establish that the crime has occurred. Hence, all the details are sought. Although the proforma has made medical examination optional, it would be for the benefit of the victim to agree to it and cooperate."
Somnath Das, associate professor, forensic medicine, RG Kar Medical College and Hospital, said: "The sole purpose of the genital area examination is to find out if there has been forceful sexual intercourse. But we don't prioritize hymen-tear. The protocol ensures uniform investigation, which is new to the state." The WHO's medico-legal guidelines say that only fresh tear to the hymen should be recorded, just like any other fresh injury to the body or genitals.
Park Street Rape victim
It's a beginning to make a victim feel more wanted and accepted by society. Acceptance is a very important because it makes the women feel comfortable and it helps them rehabilitate themselves to become survivors and fight their battling instead of suffering in silence.
Santasree Chowdhury, women's activist: The medical test is the most harrowing part of the rape survivor's story. I am glad that finally there is a uniform format which, hopefully, would leave little room for ambiguity. I just hope nurses (to say the least) are trained to be part of the examination.
Uzma Nafis, physician: Just the other day, we were examining a survivor at our clinic. It was clear that she was physically assaulted and we had to examine her thoroughly by a woman gynaecologist to find out the extent of the torture. It's good that the government has, at last, put things in black and white.
Ashok Banerjee, government pleader: The proforma has been well thought out and drafted in such a way so as to be acceptable to both the victim and the suspect. Sometimes, a person may be falsely implicated. In that case, the details sought in the medical test may come handy.
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