The Excessive Court docket’s verdict banning the ‘two fingers’ methodology of medical examination of rape victims has been printed. The decision was introduced by the Excessive Court docket bench of Justice Gobind Chandra Tagore and Justice AKM Sahidul Haque.
The petitioner group Bangladesh Authorized Help and Companies Belief (BLAST) gave the data on Wednesday (August 30). The court docket gave eight directions within the verdict. They’re:
1. The 2-finger take a look at for rape victims is unscientific, unreliable, and unlawful. In view of this two finger take a look at is prohibited.
2. State Authorities Well being Response to Gender-Based mostly Violence – Protocol to Well being Care Suppliers All forensic consultants, physicians who conduct medico-legal examinations of rape victims, and law enforcement officials who examine rape circumstances and ladies and baby abuse legislation circumstances The federal government will organize supply to prosecutors and legal professionals. 3. Medical doctors will touch upon rape within the medical (medico-legal) examination certificates of a rape sufferer, however on no account use derogatory phrases, akin to habitually engaged in sexual activity. A rape sufferer can’t be questioned about her previous sexual relations.
4. A rape sufferer ought to be referred to a gynecologist for examination of any deep wounds on the genitals.
5. A per speculum examination shouldn’t be carried out on a toddler or adolescent lady, until there are indicators of exterior harm. 6. Two finger take a look at has nothing to do with bio guide take a look at. It’s a gynecological take a look at and can’t be carried out on rape victims.
7. Educated docs and nurses ought to be appointed for medico-legal examination of rape victims. On the time of this examination, the presence of feminine police, a feminine relative ought to be ensured as per comfort and the examination ought to be performed by a feminine physician as per comfort. The docs and forensic consultants on obligation will defend the privateness of the rape sufferer in the course of the examination.
8. The Girls and Baby Abuse Prevention Tribunal will be sure that legal professionals don’t ask any questions that undermine the dignity of rape victims in court docket.
Barrister Sara Hossain was in favor of the writ within the court docket. He was assisted by Advocate Masuda Rehana Rozi, Advocate Ainunnahar Siddiqa and Barrister Sharmin Akhtar.
Earlier, in 2016, 5 forensic medical consultants had submitted an oral opinion within the Excessive Court docket calling the process ‘outdated and unethical’. Specialists advised the court docket, that is an outdated methodology. Many trendy strategies of sexual assault testing have been invented.
At the moment, the previous head of the Forensic Division of Dhaka Medical Faculty Hospital gave an oral opinion to the Excessive Court docket. Habibuzzaman Chowdhury, head of the Nationwide Forensic DNA Profile Laboratory of the identical hospital. Dr. Safiur Akhtaruzzaman, principal of Mirpur Delta Medical Faculty. Dr. Zahidul Karim Ahmed, Professor of Forensic Drugs at Bardem Hospital. Gulshan Ara and Vice President of Indo-Pacific Affiliation of Regulation, Drugs and Science Muzahirul Haque.
Many victims don’t come ahead for the medical examination of the sufferer because of the conventional methodology (examination by two fingers). And due to this, many people who find themselves raped don’t get justice. This methodology has been abolished in India. The normal means is extraordinarily embarrassing and humiliating for a girl.
The attraction is to introduce new and trendy humane strategies, so that girls will not be subjected to humiliation a second time. In order that the raped ladies get justice by way of medical examination in essentially the most trendy and humane method.
On October 8, 2013, human rights group Bangladesh Authorized Help and Companies Belief (BLAST), Regulation and Arbitration Middle (ASK), Bangladesh Mahila Parishad, BRAC, Basis for Human Rights, Girls’s Rights and Dr. Ruchira Tabacchum and Dr. Mubarak Hossain Khan filed the writ petition. After the ultimate listening to on the ruling issued on that writ, the court docket introduced the decision on April 12, 2018.
