Fakeindianbbahu's Blog

A Sensitive and Logical Young Indian Female's Blog

Rape : Doctors are more interested in the elasticity of the Vagina(against the SC order) instead of collecting swabs


I am really baffled by the India Evidence Act incase of rape that is premedieval , it is unchanged and followed since 1860 …Doctors follow that thru their text books and Victims of Rape get raped second time.

!City hospitals show two fingers to rape victim’s pain and SC ruling!  http://newindianexpress.com/thesundaystandard/article549495.ece

“As per  Union Health Ministry ,it decided to make the finger test optional in March 2011. As per the changes, the finger test should be done only if the doctor finds it necessary, and that too, with the consent of the victim.”

The Indian government amended its evidence law in 2003 to prohibit cross-examination of survivors based on their “general immoral character

“Surprisingly, there is so much confusion on the ban on the two-finger test, that even law enforcement agencies are not aware of new guidelines. A Delhi police official in charge of rape cases, when asked why he doesn’t take action when doctors conduct PV (per Vaginal) test on victims, said, “Without the test, how will one know if the person has been raped or not?”

This becomes a matter of concern when a victim finds herself in the hands of protectors and law enforcement agencies who are themselves unaware of the law.

There is a serious need to update the FORMAT in Hospitals Immediately

The need to simplify the format of tests on rape victims was initiated by the National Commission for Women (NCW) which approached the Health Ministry in 2010, after a report by Human Rights Watch found that “many Indian hospitals routinely subject rape survivors to forensic examinations that include the unscientific and degrading finger test”. 

There was a recent Gangrape in Bangalore with a Law student and Police said the rape couldnt be confirmed : As per a local channel doctors were looking for her hymen intact or not…using their 2 finger , but all the other forensic evidence collection was done shoddily . (Other factor , all finger sizes are difference , well this degrading test itself is not needed)

http://mobiletoi.timesofindia.com/mobile.aspx?article=yes&pageid=4&sectid=edid=&edlabel=TOIBG&mydateHid=17-10-2012&pubname=Times+of+India+-+Bangalore&edname=&articleid=Ar00400&publabel=TOI

The doctors who examined her were more concerned about the elasticity of her vagina than finding forensic evidence of the gruesome crime.

Even though Supreme court has ruled that Two finger test has no relevance ,despite of that the test is performed routinely on Rape complainants and that too without their consent , which amount to Second Rape as this is a violation of victims body for a non required test and somehow not updated in their medico-legal procedure through out India despite Supreme Court Ruling .There is a Ban in Delhi and Maharashtra for this horrible two finger test still it is done despite of the Victims condition .

Not only this is the end , even 2yr old child goes thru this test , why???????..As per Supreme court the Forensic Evidence should be collected more properly rather than Raping Second time.

As per WHO : forensic examinations should be minimally invasive to the extent possible and that even a purely clinical procedure such as a bimanual examination (which also involves the insertion of two fingers into the vagina) is rarely medically necessary after sexual assault.

Attached is a Report By WHO on Dignity in Trials For Rape , Which India misses Grossly –

india0910webwcover

Sample Testimony From the Report

The clerk told me a male doctor will conduct the test [forensic examination] and asked me whether that was ok. I said “yes.” But other than that, I did not know what they were going to do. I was so scared and nervous and praying all the time: “God, let this be over and let me get out of here fast.” I did not even know it was going to be like a delivery examination [an internal gynecological examination].

– Sandhya S. (name changed), adult rape survivor, Mumbai, August 2, 2010

In cases of very young girls – girls below [age] 12 or 13 – they [police officers and hospital staff] believe it is a case of sexual abuse. But if they are older, then they believe that the girl is trying to falsely frame someone. Their belief changes the way they address the survivors. They are very rude and disrespectful. They will say things like, “Why are you crying?” “You have only been raped.” “You are not dead.” “Go sit over there.” And order them around.

– Dr. Rajat Mitra, director, Swanchetan, a nongovernmental organization that provides counseling services to rape survivors, Delhi, May 25, 2010

Where the defense takes the line that there was consent [to sexual intercourse], usually they also look to medical evidence for support. And if the medical report says anything about the finger test, then they draw it out in court – saying she was “habituated” so consented and is falsely implicating the accused.

– Dev D. (name changed to maintain anonymity as requested) a former public prosecutor, New Delhi, May 22, 2010

The finger test is relevant for the defense especially if the prosecutrix [term used to refer to a rape survivor during trial] case is that the woman is unmarried [as opposed to a married woman who is assumed to be “habituated to sex”]. Then if the medical report says that two fingers have passed, the defense can show that she is habituated. This shakes the testimony of the prosecutrix.

– Radha M. (name changed to protect identity), a former chief public prosecutor, location withheld, May 11, 2010

Sample Extracts From Judgments

“Though the girl was aged about 20 to 23 years and was unmarried but she was found to be “habituated to intercourse.” This makes her to be of doubtful character.”

– Jharkhand High Court, 2006

“She was complaining pain and the vagina was admitting 1½ finger [sic] ….

From the medical report it is clear that the prosecutrix was not a girl of lax moral and she was not “habituated to sexual intercourse” and most probably, that was her first experience as the doctor has observed reddishness on her vagina and blood secretion and pain on touching the vagina.”

– Chhattisgarh High Court, 2007

At the launch of the above  report in Mumbai, Flavia Agnes, women’s rights lawyer and director   of Majlis, said, “Forensic practices are biased against women and   doctors are concerned about protecting the accused. The prosecution   follows a fixed pattern, and the entire process remains full of stereotypes…this   is how a rape victim must behave, this is how her body structure must   be, this is how the elasticity of her vagina must be…This just cannot   work.”

We are allowed to have live-in relations , free to have sex as per our choice, but we all are interested in Virginity of a women , can call her characterless and acquit the Rapists.Wow , I  love our Judges , who pose their individual regressive minds and decide a more crime affectionate future to the Rapist.The defense lawyer overturns the whole case by this 1860’s primitive law , why not anus of the accused man checked for elasticity if he is a Gay or not , may be that the defense lawyer can use.

http://soniasarkar26.wordpress.com/tag/supreme-court-on-two-finger-test/

Legal experts dealing with cases of rape tend to agree with that. “The test violates the fundamental right to privacy of the victim,” says criminal lawyer K.T.S. Tulsi. He adds, “Plus, the act of determining if the victim is habituated to sexual intercourse or not is itself degrading for a woman. In a way, this means that rape of a woman habituated to sexual intercourse is justified. It questions the moral character and dignity of a woman and increases the prejudice which exists against a survivor.”

Can this ruling be properly informed to ALL INDIA POLICE and HOSPITALS and JUDGES. The law handlers and doctors do not know , shame …How can a victim know on this ??????????????????????????????????????????

This test has to be BANNED , Recently a Govt Committee mooted for a BAN , but still that BAN request is lying somewhere.

http://realityviews.blogspot.in/2012/01/understand-what-is-two-finger-test-of.html

This test is more of a moral evaluation by Un-informed and Arrogant Doctors.This test is done only in India and not even heard of in other countries.

Imagine a Sport Woman or a Physically Active woman or for that matter any Lady with her freedom rights will fail it and will be of loose character and can never be raped as per Law makers.I am sure the Law related agencies never send their ladies to sports …..The whole system of even Educated People tend to enforce the Idea of Virginity in my great Rape Cultured Country.

Remember Victim has the right to Deny it with no effect on the case, The Doctor has NO right to say Victim is Unco-operative …..HC judges also have to be reminded continously on this…

December 24, 2012 - Posted by | Indian women

No comments yet.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: