Changes in ways to confirm rape
In a decision that is likely to have far-reaching implications for the country’s rape survivors, the Union health ministry has effected important changes in the format that doctors will be expected to follow while conducting their medical examination. The most significant one is the decision to have the intrusive “finger test” only if medically required.
The attempt is also the make the format simpler and also do away with all kinds of irrelevant information that is presently required to be filled. For instance, no longer will the examining doctor have to fill in such columns as “behavioural symptoms” wanting to know if the survivor is displaying “shame, grief or depression”.
The “test”, often conducted on the survivor without even telling her what it involves, more often than not ends up merely adding to her trauma.
The test, as described by Human Rights Watch (HRW), a non-profit organisation, is “a practice where the examining doctor notes the presence or absence of the hymen and the size and so-called laxity of the vagina of the rape survivor”.
The invasive test which involves the doctor inserting a finger to check for “laxity” has been seen as one that violates the victim further as she is not even aware that such a test will be conducted.
Further, civil society groups and activists have also been arguing against the need for such a test given that this “test” is conducted to know if the victim is a virgin or one who is used to sexual intercourse. As HRW says, “the question of whether a woman has had any previous sexual experience has no bearing on whether she consented to the sexual act under consideration”.
Describing it as “one of the most archaic forensic procedures still in use”, Human Rights Watch further says that the test is “unscientific, inhuman and degrading” and furthermore “has no forensic value”. It has also drawn attention to the fact that even the Supreme Court has ruled that the results of the “finger test” cannot be used against the survivor.
Under the new format devised by the health ministry for a survivor’s medical examination after a sexual assault, it has been specified that this test will be done only if “medically indicated”.
Among the other changes effected in the medical examination format is to do away with such information as “family history” under which such information as whether the survivor’s father is an alcoholic or whether there was any family discord. Neither does the new format have such requirements as the need to describe the survivors “look” (vacant/starry/fearful/slanting), mental status (confused, clear, apprehensive) or clothing (attractive, rags, poorly, dress pattern) (sic).
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