Name- Bhaskar Kumar

Intern at ubAdvocate
Email- bhaskarkumarsharma34421@gmail.com
Phone NO. 9163531234

Task 4

The Rights of a Rape Victim are:

 Zero FIR.
 Free Medical treatment even in any private hospital
 No two Finger test during medical examination
 Harassment free & time bound police investigation
 Trial with full dignity, speed and protection
 Right to compensation
Here, we are going to discuss about two of the Rights

 Free Medical treatment even in any private hospital

 No two Finger test during medical examination

Right to Free Medical Check-up

So Free Medical treatment is availed to every rape victim no matter how costly
it is and both private and government hospitals are bound to avail this treatment.
Under 375c CrPC all hospital private or public shall immediately provide the
first aid or medical treatment, free of cost to the victims of any offence covered
under 357C of Indian Penal Code (45 out of 1860) and shall immediately
inform the police of such incident. And if any hospital denies to give the
treatment or asks for money for the treatment then the hospital can be sued
under Section 166B of Indian Penal Code and if hospital found guilty then a
punishment of 1 year or a fine of 10,000inr or both.
Right To No Two Finger Test

For decades, however, the two-finger test was the only method of confirming
rape. The fact that the test once enjoyed legal status in India, means the law
once conformed to the sexist idea of virginity as a 'virtue', demanded from
unmarried women in India. In addition to being medically uncalled-for, it is
exclusively performed on women, mostly without their consent. The practice is
rooted in gender and power inequalities, wherein a woman's body is a subject of
archaic ideas and/or can be regulated as per men's desires. Operating on the
belief that women participating in premarital sex is unacceptable, the test is not
only regressive and sexist, but also no longer in accordance with the law. In
May 2013, the Supreme Court (SC) banned the two-finger test on rape victims
on the grounds that it violates their right to privacy. And if any doctor
undergoes two finger test then a rape case can be filed against the doctor as well
and if a male doctor undergoes for the test then he should mention all the points
that what process he is using for the check-up of the patient and all. The male
doctor has to get a clear consent from the victim to further proceed to the
examination.

And, as per the case of Nirmala she should have her medical examination done
as it will help her to get justice as the reports will clearly mention that she had
gone through such a trauma and the reports will also help the police as evidence
against Sudhir. There is noting to be scared of medical examination when asked
to done.

This opinion is based on the YouTube video

https://www.youtube.com/watch?v=1BWg2ZC718c of Jeevan Prakash,
AOR, Supreme Court.