Several steps need to be taken at various levels to ensure that the ban is followed in every nook and corner of the country.
on 31st October, Supreme Court declared That anyone who conducts a ‘two-finger test’ on survivors of rape or sexual assault will be found guilty of misconduct. The court said the trial is “regressive and invasive” and has “no scientific basis as it neither proves nor disproves the allegations of rape”. Instead it “re-victimizes and re-victimizes women who have been sexually assaulted.” even in 2013 Lilu vs State of HaryanaThe Supreme Court held that Two-finger test violates rights of rape survivors,
Section 53A of the Evidence Act states that previous sexual experience in the prosecution of sexual offenses “shall not be relevant to the issue of consent or the quality of consent”. In 2014, the Union Health Ministry issued ‘Guidelines and Protocols’ restricting the application of the two-finger test. It directed health providers to conduct a medical examination as per the ‘Detailed Format for Medical-Legal Examination of Victims/Victims of Sexual Violence’, a copy of which was attached to the guidelines. The guidelines state that a copy of the medical report should be given to the survivor/victim immediately and free of cost. These guidelines were circulated in hospitals, but it appears that the instructions were not taken seriously by doctors handling medico-legal cases.
dilute the case
It is important to note that a doctor’s medical opinion has a significant impact on the outcome of a criminal case. In case of sexual assault, it is necessary to mention signs of resistance and signs of recent intercourse to the doctor. He should not give his opinion about rape, as rape is a legal term and not a medical diagnosis. It is for the Investigating Officer after their investigation to conclude whether the rape was committed or not. An unsolicited opinion by a physician may arouse suspicion and dilute the matter. Therefore, it is undesirable to conduct a two-finger test (on a victim of sexual assault), which has no evidence in the investigation.
The Supreme Court said that workshops should be conducted. This is relevant as there is no institutional forum for sharing such decisions with medical practitioners. Forensic Science Laboratories (FSLs) usually work under the home departments of the states. Funds are also planned for the modernization of the police and the police use it under the supervision of the Home Department. A part of these funds is used for upgradation of FSL. The police department’s interactions with the FSL are usually continuous, and the two understand each other’s needs.
However, despite the health department’s relevance in investigating crimes related to assault, rape, unnatural death, age determination (by ossification method), etc., interactions between the health ministry and the home ministry (or police department) are limited. , Also, the health department is not one of the pillars of the Inter-operable Criminal Justice System (ICJS), an extension of the Ministry of Home Affairs’ mission mode project, Crime and Criminal Tracking and Network Systems, and is operational in every police department. Country station.
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The police have an age-old system of ‘roll calls’. Roll calls should be made every day in the morning and evening at Police Stations and Reserve Police Lines. Apart from allotting duty to each police personnel, every order of the Superintendent of Police (and through him the superiors) is read and explained to all present and signatures are obtained. It ensures accountability. However, this practice has either become unregulated or remains only on paper. This is evident from the fact that despite the Supreme Court order scrapping Section 66A of the Information Technology Act, cases were registered in many police stations. The system of daily roll call should be restored in all police stations.
improving training
Training is still one of the most neglected branches in most of the departments. Due to limited internal training capacity, officers are often not spared for refresher courses even once in five years. The communication channels between the Heads of Departments and the officers are never straight and straight. Therefore, it is quite likely that two-finger testing will continue in some remote areas. The erring doctors (if any) shall have every reason to justify their act and avoid disciplinary action for any such ‘misconduct’.
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Therefore, all departments that are concerned with the investigation of crimes or are stakeholders in the criminal justice system should come together from time to time to exchange best practices, latest developments in law and court decisions. There is a need to develop an institutional mechanism to ensure continuity of this process. The medico-legal section of the health department needs to be integrated with the ICJS as it is no less important than the FSL. Training capacity should also be reviewed, and communication channels should be improved to avoid status quo.