Himachal HC Orders Rs 5 Lakh Compensation For Minor Rape Survivor Subjected To 'Two-Finger Test'

The Himachal High Court has ordered the state government to pay a compensation of Rs 5 lakh to a minor rape survivor girl after doctors at the Palampur Civil Hospital conducted the two-finger test on her.

A division bench of the high court comprising Justices Tarlok Singh Chauhan and Satyen Vaidya also asked the government to hold an inquiry against the doctors who examined the rape survivor.

The court observed that the MLC (Medico-legal Case) is "self-incriminating, self-inculpatory and hitting the privacy of minor rape survivor" and criticized the doctors for conducting this test that has already been held violative of the survivor's right and for asking "demeaning" questions during medical examination.

In addition to this, the bench also said the proforma violates guidelines and protocols that have been issued by the Ministry of Health and Family Welfare, Government of India for health professionals for dealing with survivors of sexual violence.

The Court said that the proforma designed by the hospital completely ignored Section 53A of the Indian Evidence Act which states that evidence of character or previous sexual experience is not relevant in certain cases.

The questions in the proforma were directly breaching the privacy of the victim. The hospital asked the girl about her pregnancy status, the specific date and time of her last sexual encounter, details about any previous sexual activity before the reported assault (including dates, times, and whether a condom was used).

The Court warned that doctors who conduct the two-finger test on rape survivors shall be liable for being prosecuted and punished under the Contempt of Courts Act.