(Pics) Mumbai gangrape: Judge calls rape tests derogatory

Mumbai, March 26: A judge presiding over the Mumbai Gangrape case proceedings has cited that the tests conducted on women in such cases are derogatory and archaic, in violation of reforms imposed last year, proving that the judicial system needs to be more sensitive to the victims of sexual violence.

The judge, Shalini Phansalkar-Joshi, released a 192-page decision where she condemned openly the way doctors measured the vaginal laxity of a call-centre employee who was repeatedly raped by five men in the Shakti Mills compound. In clear words, the judge named the tests as "degrading, unscientific and archaic". She also said that the tests aiming to determine whether the hymen was freshly broken, indirectly points at the victim's integrity, sometimes cited as evidence that the woman was "habituated to sex". "This undermines her accusations," she said.

Vrinda Grover, a human rights lawyer said that similar tests are being conducted on 98 percent of such cases "partly out of habit, partly that they're taught the wrong thing, and very largely because there is prejudice and bias" surrounding charges of rape".

The judge's second point of contention was identification of the culprit.

"In such gory cases, the victim is made to identify her violators when she is struggling with traums. Take the case of the photojournalist who was made to identify the rapists in court. She fell unconscious. Despite that she was asked to identify the pornographic clip that was shown to her during rape. Similarly, the 19-year old call center employee was made to identify her culprits within 3 days of FIR. The girl was reported to have turned hysterical, demanding that the men be beaten," cited the judge.

On the flip side, if the procedures were wiped off, the doctors would have a hard time to find evidence for rape as few of them have DNA testing laboratories. While a judge has raised her voice against the problem for the first time, human rights activists are happy that justice has been achieved at the end, be it at a price.

In Mumbai

One of the four men convicted for gang raping a photojournalist at Shakti Mills compound last year, is taken to the Session Court from Arthur Road Jail in Mumbai on Tuesday.

In Mumbai

Two of the four men convicted for gang raping a photojournalist at Shakti Mills compound last year, is taken to the Session Court from Arthur Road Jail in Mumbai on Tuesday.

In Mumbai

One of the four men convicted for gang raping a photojournalist at Shakti Mills compound last year, is taken to the Session Court from Arthur Road Jail in Mumbai on Tuesday.

In Mumbai

Four men convicted for gang raping a photojournalist at Shakti Mills compound last year, is taken to the Session Court from Arthur Road Jail in Mumbai on Monday.

In Mumbai

One of the four men convicted for gang raping a photojournalist at Shakti Mills compound last year, is taken to the Session Court from Arthur Road Jail in Mumbai on Monday.

In Mumbai

One of the four men convicted for gang raping a photojournalist at Shakti Mills compound last year, is taken to the Session Court from Arthur Road Jail in Mumbai on Monday.

OneIndia News