Himachal Pradesh HC Slams Doctors for Unethical Two-Finger Test on Minor Rape Survivor

Himachal Pradesh HC Slams Doctors for Unethical Two-Finger Test on Minor Rape Survivor

The Himachal Pradesh High Court has strongly criticized the medical professionals at Palampur Civil Hospital for conducting an intrusive two-finger test on a minor rape survivor. In response, the court has instructed the state government to compensate the child with Rs 5 lakh, recovering the amount from the doctors found responsible for the inappropriate examination.

The division bench of the high court, consisting of Justices Tarlok Singh Chauhan and Satyen Vaidya, has deemed the Medico-legal Case (MLC) report in the child rape case "demeaning." In addition, the court has instructed the government to initiate an inquiry against the examining doctors to determine and assign responsibility for their actions in the case.

The court noted that the Medico-legal Case (MLC) was not only self-incriminating and self-inculpatory but also infringed upon the privacy of the minor rape survivor. Strongly criticizing the doctors, the court highlighted their disregard for the survivor's rights and well-being by conducting the two-finger test, which is recognized as a violation of the survivor's right to physical and mental integrity.

Furthermore, the court has issued a directive prohibiting all medical professionals from conducting such tests. In a stern warning, it emphasized that doctors found performing such examinations would be subject to prosecution.

The court strongly criticized the "gross insensitivity" displayed by those responsible for designing the Medico-legal Case (MLC), asserting that such negligence should not be overlooked. It declared the proforma created by the hospital as "bad in law," citing its failure to adhere to section 53A of the Indian Evidence Act. Moreover, the court emphasized that the proforma violated guidelines and protocols established by the Ministry of Health and Family Welfare for health professionals dealing with survivors of sexual violence.

In response to the concerns raised, the Court summoned the Secretary (Health) of the state. However, the Secretary was unable to justify the proforma issued by the hospital. The Court revealed that the proforma had been designed by certain doctors and, in light of the criticisms, has been promptly withdrawn.

 

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