38.6c New Delhi, India, Sunday, May 19, 2024
Judiciary

Himachal Pradesh HC grants Rs 5 lakhs compensation to minor rape survivor after hospital conducts banned “two-finger” test

By Rintu Mariam Biju      16 January, 2024 12:18 PM      0 Comments
Himachal Pradesh HC grants Rs lakhs compensation to minor rape survivor after hospital conducts banned two finger test

Himachal Pradesh: The Himachal Pradesh High Court recently awarded Rs 5 lakhs as compensation to a minor rape survivor after a hospital conducted the banned ‘two-finger’ test. At first, the compensation will have to be paid by the State and then, it should be recovered from the erring medical professionals, after holding an inquiry, Justices Tarlok Singh Chauhan and Satyen Vaidya said.

“Since “two-finger test” is violative of right of rape survivors to privacy, physical and mental integrity and dignity, therefore, in the given background, the respondents are directed to pay a sum of Rs.5 lacs, as compensation, to the child victim, for the trauma, embarrassment, humiliation and harassment having been caused to her at the hands of the Doctors in the Civil Hospital Palampur, which shall, at the first instance, be paid by the State and thereafter recovered from the erring medical professional(s), after holding an inquiry.”

The Court further ordered for an inquiry to be conducted against those doctors, who designed the proforma. Certain questions in the proforma prepared by the hospital included questions on the survivor’s virginity, to which the court took serious exception. The mere fact that some of them have since retired will not come in the way of the respondent-State to impose liability, the Court clarified. 

Further, inquiry should be held against all those Doctors, who medically examined the child victim and issued the medico legal certificates in question and thereafter, responsibility be fixed, the court ordered. 

The Court noted that the “two-finger test” is violative of right of rape survivors to privacy, physical and mental integrity and dignity. This was banned by virtue of the Supreme Court’s judgement in Lilu @ Rajesh vs. State of Haryana, (2013). 

After going through the medical guidelines and relevant protocols which were adopted by the State government, the Court reiterated that “two-finger test or “per-vaginum examination” has been strictly prohibited. 

When the Secretary (Health) to the Government of Himachal Pradesh was called to court during one of the hearings, they were unable to justify the proforma as issued by the Civil Hospital, Palampur. It was stated that this was designed by some of the doctors at Civil Hospital, Palampur alone. Such medico legal certificates are not being issued anywhere in the State of Himachal Pradesh and have been withdrawn with immediate effect even from Civil Hospital, Palampur, the court was apprised. 

When it comes to minor victims, they would have to suffer untold miseries, especially when confronted with columns which apart from being humiliating are even self-incriminating. In the present case, the “irresponsible medical professionals” who designed the proforma and those, who medically examined the child victim, cannot be allowed to go scot-free and the child victim essentially and legally needs to be compensated, the Court underscored. 

On these grounds, the court awarded compensation to the minor. The Bench also asked medical professionals to strictly desist from undertaking “two-finger test” on the rape survivors, failure of which would call upon prosecution. 

The court also pointed out, in dismay, that the Special Judge and the District Attorney weren’t sensitive enough while conducting the case.

Rape is a monstrous burial of survivor’s dignity: HC

In the judgement, the court also deep-dived into what exactly were the mental and emotional consequences of rape on survivors.  “Rape” is not only a crime against an individual, but also a crime, which destroys the basic equilibrium of the social atmosphere, it said.  “Rape not only lowers the dignity of a woman, but also mars her reputation”. 

When a murderer destroys the physical frame of a victim, a rapist degrades and defiles the soul of a helpless female, the court said. 

“The plight of the woman and shock suffered by the victim can be well visualized. The victim of rape grows with traumatic experience and an unforgettable shame haunted by the memory of the disaster forcing her to a state of terrifying melancholia. The torment on the victim has the potentiality to corrode the poise and equanimity of any civilized society”. 

Rape is a crime against the holy body of a woman and soul of the society and no one has the right to encroach. 

“Rape is an assault on the individuality and inherent dignity of a woman with the mindset that she should be elegantly servile to men. “Rape” is a monstrous burial of her dignity in the darkness. It is a crime against the holy body of a woman and the soul of the society. It is said that one's physical frame is his or her temple. No one has any right of encroachment”.

[Read Order]



Share this article:

About:

Rintu Mariam Biju graduated from the National University of Advanced Legal Studies, Kochi after comp...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER] Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER]

without commenting on the merits of the case at this stage of investigation and the period of detention he faced in jail, the Court after analyzing all things allowed bail to the accused person ( Jai Ram). Himachal Pradesh High Court, Grant Bail, Justice Anup Chitrakara

Remaining in India after expiry of visa is offence, Himachal Pradesh HC reiterates while denying bail [Read Petition] Remaining in India after expiry of visa is offence, Himachal Pradesh HC reiterates while denying bail [Read Petition]

No foreigner has any right to enter or remain in India. One can enter only with a valid visa, which is a limited leave. Once, the visa expires, the person has no right to remain in the country, the Himachal Pradesh High Court reiterated recently.

“Must breathe fresh air”: Person convicted of heinous crime is not hardened criminal, Himachal Pradesh HC rules “Must breathe fresh air”: Person convicted of heinous crime is not hardened criminal, Himachal Pradesh HC rules

Why is it important to release even persons convicted of heinous offences on bail? Read this article to find out Himachal Pradesh High Court’s reasoning.

Supreme Court Stays Himachal Pradesh HC Order, Sanjay Kundu to Remain as State DGP Amid Businessman's Complaint [Read Order] Supreme Court Stays Himachal Pradesh HC Order, Sanjay Kundu to Remain as State DGP Amid Businessman's Complaint [Read Order]

The Supreme Court suspends Himachal Pradesh High Court's directive to remove Sanjay Kundu as DGP following a complaint by a Palampur businessman, ordering a stay on his transfer and directing the high court to reconsider within two weeks.

TRENDING NEWS

sc-notice-to-ec-on-plea-by-adr-for-release-of-voters-turnout-data
Trending Judiciary
SC notice to EC on plea by ADR for release of voters turnout data

SC issues notice to EC on ADR plea to release voter turnout data. SC demands EC to disclose vote counts within 48 hours after each phase of the 2024 Lok Sabha polls.

18 May, 2024 11:16 AM
delhi-hc-refuses-jackie-shroff-interim-relief-against-youtuber-unfilteredthugesh-for-alleged-personality-rights-infringement
Trending CelebStreet
Delhi HC refuses Jackie Shroff interim relief against Youtuber 'UnfilteredThugesh' for using "Thug Life" in video on Shroff

The Delhi High Court has refused Jackie Shroff interim relief against Youtuber 'UnfilteredThugesh' for alleged personality rights' infringement.

18 May, 2024 05:20 PM

TOP STORIES

indian-courts-this-week-law-street-journals-weekly-round-up-of-sc-hcs-may-6-may-10
Trending Judiciary
Indian Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [May 6 - May 10]

Get the latest updates from India's Supreme Court and the High Courts ! Here’s a round up of the week's top legal stories in a quick, easy-to-read summary.

13 May, 2024 10:29 AM
sc-dismisses-union-govt-plea-against-bail-to-maoist-financer-in-case-of-attack-on-police-party-in-jharkhand
Trending Judiciary
SC dismisses Union govt's plea against bail to Maoist financer in case of attack on police party in Jharkhand [Read Judgment]

SC rejects govt's plea against bail for accused in Jharkhand police attack case, citing absence of violated bail conditions.

13 May, 2024 11:33 AM
supreme-court-upholds-gang-rape-conviction-though-victim-turned-hostile
Trending Judiciary
Supreme Court upholds gang rape conviction, though victim turned hostile [Read Judgment]

SC upholds gang rape conviction despite victim's hostility, affirming witness credibility in criminal trials.

13 May, 2024 12:24 PM
sanatana-dharma-remarks-sc-seeks-response-from-up-maha-ktka-bihar-jamp;k-on-udhayanidhis-plea-for-clubbing-firs
Trending Judiciary
Sanatana Dharma remarks SC seeks response from UP, Maha, Ktka, Bihar, J&K on Udhayanidhi's plea for clubbing FIRs

SC seeks response on Udhayanidhi's plea for clubbing FIRs related to his remarks on 'Sanatan Dharma'.

13 May, 2024 12:39 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email