Do rape survivors consent to tests in Hyderabad?

Some city govt hosps yet to adopt 2014 guidelines that mandate consent of survivor be recorded at every step
Room in which sexual assault survivors are examined at Modern Maternity Hospital in Petlaburg | R Satish Babu
Room in which sexual assault survivors are examined at Modern Maternity Hospital in Petlaburg | R Satish Babu

HYDERABAD: Express has found that Union Health Ministry’s 2014 guidelines on provision of medico-legal care for survivors of sexual violence are not being followed in some Telangana government-run teaching hospitals in Hyderabad. ‘Guidelines and Protocols of Medico-legal care for survivors or victims of sexual violence’ were issued in March 2014. They stipulate that dignity and privacy of survivor is respected during examinations and informed consent taken at every step.

Further, they state that a requisition from police is not required for conducting medico-legal examination or to provide treatment — consent of the survivor, parent or guardian is sufficient. They say that two-finger test, in which doctors insert fingers into survivor’s vaginal cavity to assess its elasticity, should not be done. The new proforma for medico-legal examination of sexual assault survivors requires the doctor to record that survivor’s informed consent has been obtained at every step. A survivor can get treatment even if he or she chooses not to file a police complaint. 

However, as Express reported on Thursday, the two-finger test is still being performed at Niloufer Hospital in Hyderabad. Express has also found that in both Niloufer and Modern Government Maternity Hospital at Petlaburj, doctors are conducting medico-legal examinations based on old proforma. This means that invasive tests could be performed on a survivor without consent. Worse, the Petlaburg hospital, and Government Maternity Hospital, Sultanbazaar said they did not examine a survivor without police requisition.

Hospitals are also required to conduct these examinations in a private room but in Petlaburg, at least, no such room is provided. Forensic expert Dr Indrajit Khandekar, in-charge of Clinical Forensic Medicine Unit, Mahatma Gandhi Institute of Medical Sciences and Kasturba Hospital, Sevagram, said, “Previously, the victims were considered as walking crime scene. The guidelines consider victim as a patient and take care of her emotionally, psychologically and her health too.” This is obviously not a consideration in some TS hospitals. Director of Medical Examination Dr Ramesh Reddy, under whose purview teaching hospitals in TS fall, said orders will be issued to ensure guidelines are followed. Commissioner of Health and Family Welfare Vakati Karuna, who oversees area and district hospitals, said the guidelines will be adopted. 

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