Opinion Maharashtra rape examination norms fall short
Maharashtra has led the way in standardising an operative protocol for forensic medical examination of rape victims,including doing away
Maharashtra has led the way in standardising an operative protocol for forensic medical examination of rape victims,including doing away with the two-finger test to examine victims of sexual assault. However,is it enough?
Though rape has been re-defined as including non-penetrative sexual contact,the focus of the new examination continues to be checking the status of the hymen,which incidentally could get damaged from other reasons. Clearly the state governments proforma is not in tune with the Justice Verma Committee report and the new rape law on this.
Besides,the new protocol retains the measurement of height and weight of the sexually assaulted woman as one of the parameters of forensic medical examination to assess the extent of resistance she may have put up. This simply perpetuates the myth that a well-built woman can resist sexual assault and hence should show marks of injuries!
An ongoing project by the Centre for Enquiry into Health and Allied Themes along with public hospitals in Mumbai has found that 76 out of 94 survivors of sexual assault did not report bodily/physical injuries. Around 58 did not report any genital injuries. Survivors who were interviewed between 2008-2012 show that among the reasons for lack of injuries was that either they were given an intoxicant and hence were not in their senses or they were threatened and too scared to resist. The Criminal Law Amendment Act,2013,states,a woman who doesnt physically resist the act of penetration shall not by any reason be regarded as consenting to sexual activity. So if injuries are not present,it does not mean that she consented to sexual activity.
The new manual was framed by Maharashtra following an order by the Nagpur bench of the Bombay High Court in a PIL filed by Dr Ranjana Pardhi. Aiming to bring uniformity in the process of forensic medical examination of victims of sexual assault,it lists several dos and donts.
Starting Monday,doctors at four government medical colleges will be trained on the precise scientific approach to treat and examine victims as well as to collect important evidence and document the same. The rather heavy manual also warns that no patient can be refused for want of a woman medical officer.
While a laudable effort,it would serve the government well if the chinks in the manual are worked out quickly as training rolls out Monday.
Anuradha is a senior assistant editor based in Pune
anuradha.mascarenhas@expressindia.com
Share
