Pratishtha Sharma

Intern at UbAdvocate
Email- pratishtha.282@gmail.com
Contact No- 7000689811

TOPIC- RIGHT TO FREE MEDICAL TREATMENT AND NO TWO-FINGER

TEST
The medical examination is being conducted on Nirmala to determine if she has
sustained any injuries and whether there are signs of any recent sexual activity or
rape. Nirmala should accompany the police officers to the Civil Hospital for her
medical examination as this is an important step in the investigative process.
Nirmala can also ask for free medical treatment in any hospital if she wants to get
treated immediately after her rape, under Section 357C of the Code of Criminal
Procedure. There is a penal provision barring any hospital from charging medical
fees from rape victims, i.e. Section 166B of Indian Penal Code.
Nirmala should be aware that two finger test cannot be used by any doctor during
the medical examination. Section 164A of the Code of Criminal Procedure
mentions the things that should be noted in the report and how it should be
prepared. In Lillu Alias Rajesh and Another v. State of Haryana 2013(14) SCC
643, the Supreme Court noted that the two finger test violates the right of rape
survivors to privacy, physical and mental integrity and dignity.
The doctor cannot ask her about her sexual history. He should note any injuries,
recent sexual activity or marks of rape, if any, in the medical report. The Ministry
of Health has issued a guideline, according to which each hospital should be given
a medical kit for sample collection of medical evidence. The medical report must
only contain the name and address, age, description of the material taken for DNA
testing, marks of injury if any, general mental condition, any other relevant and
reasonable information.
It is necessary for a male doctor to take her consent before the examination and
note down how the consent was taken.
These are the rights that Nirmala has during her medical examination, which is a
crucial step in the investigation of her rape case. She should be aware about her
rights and cooperate with the police in the conduct of the examination.
This opinion is based on the YouTube video https://youtu.be/1BWg2ZC718c of
Jeevan Prakash, AOR, Supreme Court.