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No more two-finger test in rape case

Apart from the sensitisation of the procedure, the state has also drawn seven detailed pro formas for the medical officers examining the victim and the accused.

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In a significant move and the first for the country, the state has decided to make forensic examination of sexual assault victims more victim-friendly. Apart from the sensitisation of the procedure, the state has also drawn seven detailed pro formas for the medical officers examining the victim and the accused.

The detailed pro formas which are a dramatic shift from the earlier 3-page pro forma, include recording the patient’s medical history, a list of specimen collection, opinion writing, and most importantly, a follow-up examination which will involve check-ups on the victim’s mental condition or whether she has contracted any sexually transmitted diseases, among other things.

“While the victim’s statement is given more weight, a medical report supports that evidence. The report is important in cases of both false implications and genuine cases. In case the victim turns hostile, the medical report can be used to nail the accused, like in the case of actor Shiney Ahuja,” said assistant public prosecutor, Lata Chedda who has handled many rape cases.

The eight-member committee, appointed by the Directorate of Health Services (DHS) as per the orders of the Bombay high court, is chaired by Dr SD Nanadkar, head of Forensic Medicine at JJ Hospital. It includes Dr SM Patil, the chief surgeon of Nagpada Police Hospital, Dr Rekha Davar, head of obstetrics and gynaecology and Dr Nikhil Datar, honorary gynaecologist with Cooper Hospital. The committee submitted the new pro formas before the court on April 27.

“We will consent to the report and tell the court that it can be implemented. We also want the central government to implement these procedures,” said advocate Vijay Patait, who filed a PIL on the basis of a study by Dr Indrajit Khandekar, assistant professor of forensic medicine, Mahatma Gandhi Insitute of Medical Sciences, Wardha, pointing out the loopholes of medical examination of sexual assault victims. The next hearing is on June 6.

“Having a protocol will surely help. Currently, various people are doing these examinations according to their own set of rules and knowledge. This system, however, will have to be administered and audited well by the state,” said Dr Datar.

“The system of follow-up in particular will help recognise sexually transmitted diseases, mental trauma, and injuries that cannot be identified immediately after the assault. Also, this system will ensure the patient is jointly examined by the forensic expert and the gynaecologist,” said Dr Khandekar.

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