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Right to free medical treatment and No two Finger Test

NAME – Tanishka saxena

Intern at ubAdvocate

Email –tanishka252003@gmail.com

Contact No. – 8077352079

My client Nirmala has come to me for counseling because :Background of the facts :

●My client Nirmala Is a rape victim, who is raped by Sudhir .

●She had registered an FIR against Sudhir in the police station.

●Police asked Nirmala to accompany them to the civil Hospital for medical examination.

●Nirmala is frightened and ignorant about her rights

.Legal Remedy :

The Rights of a Rape Victim are :

1. Zero FIR.

2. Free Medical treatment even in any private hospital

3. No two Finger test during medical examination

4. Harassment free & time bound police investigation

5. Trial with full dignity, speed and protection

6. 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 section375 of Code of Criminal
Procedure all hospitals private or public shall immediately provide the first aid or medical treatment,
free of cost to the victims of any offense covered under Section 357 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 the hospital is found guilty then a punishment of 1 year or a
fine of Rs.10,000 or both

Right To No Two Finger Test

While medically examining any woman no doctor shall conduct Two finger test according to Section
164A of Code of Criminal Procedure, all the details regarding the making of reports are discussed in this
section and the Hon’ble Apex court supported this section in the case of Lillo Alias Rajesh and Another
vs. State of Haryana 2013(14) SCC 643, and the Supreme Court herein held that this Two finger test
violates the right to privacy and dignity of the rape survivors, and hence it is illegal. The guidelines issued
by the Ministry of Health facilitated the distribution of Medical Forensic kit to all the hospitals for the
sample collection of DNA and other things and the report will consist of only the name and address, age,
description of material taken for the DNA testing, marks of injury, if any, general mental condition and
any other relevant material. Any male doctor examining such rape victim will have to get consent for the
same.

The Chhattisgarh Government has made it clear that only lady doctors will examine the rape victim.

Factors that should be included in the application for the demand of compensation:

• Severity of mental and physical harm,

• Expenditure likely to be incurred in the medical treatment,

• Loss of education opportunity,

• Loss of employment,

• Was this a single isolated incident or a continuous harassment over a period of time,

• Whether the victim has become pregnant,

• Whether victim has contracted any sexually transmitted disease,

• The financial condition of the victim,

• The disability suffered,

• In case of death of a victim, the dependents are entitled to compensation

Legal Opinion :

●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 nothing to be scared of when a medical
examination is asked to be done.

Conclusion :
It appears that people have not understood the proposition of law as to compensation to rape victim
even after having lost the case. Many a time, a rape victim may not be able to produce the quality and
standard of proof of rape beyond a reasonable doubt. In criminal proceedings the standard of evidence
has to be beyond doubt to convict an accused. If the court feels that the victim is a sufferer, the court
can grant her compensation. This compensation is not payable by the boy but by the government for
infringement of her fundamental right to life which includes living with dignity. We need to understand
this, the state has a moral and legal duty to protect its citizen’s life, and whenever these heinous crimes
happen, it reflects negligence on the part of the state, the fact that the state failed its duty to maintain
law and order.

The opinions are solely based upon the video shared by Sir Jeevan Prakash AOR Supreme cort of
India, upon which the client acted safely.

Thank you!

Tanishka saxena

UbAdvocate