Hathras Rape Case: Right to Medico-Legal Care for Survivors Has a Long Way to Go…
Published on: 5 October 2020, 08:43 am
PADMABHATE DEOSTHALI and SANGEETA REGE examine the problems with the forensic reports and the manner in which the medico-legal system approaches evidence in cases of sexual assault.
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The misogyny that exists in all formal systems repeatedly re-traumatises rape survivors.
The Health System is one of these. There is evidence of its deep-rooted prejudices, unscientific practices, and discrimination based on caste, gender, religion, disability, and sexual orientation.
The Hathras case lays bare this apathy and is evident in the way hospitals have responded to a young Dalit girl and her family.
The overemphasis on forensic evidence, such as the presence of semen and injuries, continues to take centre stage at the cost of clinical evidence such as history, examination, and clinical finding.
“Non-recognition of rape as a medico-legal emergency and non-provision of immediate care is an offence in the IPC -Sec 166 B. The delay must be seen as an offence under Section 166 B.
The results of Forensic Science Laboratory (FSL) seem to dominate and obscure the discourse, even when it has been settled in law that medico-legal evidence is only corroborative in rape trials and what is paramount is the statement of the survivor or victim.
Response of Hospitals
The hospital that the girl was first taken to, kept her waiting for two hours only to be referred to another hospital despite the fact that she was in serious medical condition.
Non-recognition of rape as a medico-legal emergency and non-provision of immediate care is an offence in the IPC -Sec 166 B. The delay must be seen as an offence under Section 166 B.
The second hospital notes a Medico-Legal Case(MLC) but only records a history of strangulation despite indications of possible sexual violence.
There is no documentation of key findings such as 'no clothes on the young woman's body when the mother found her" or details of a general examination that could have noted the injuries on her body (back) which were noted on 22nd Sept in the rape proforma by the same hospital.