The Newz Radar
SHIMLA: In a significant development, the Himachal Pradesh High Court has slapped a penalty of Rs 5 lakh on doctors at the Civil Hospital at Palampur in Kangra district for conducting a two-finger test on a rape victim.
Calling medical examination illegal, a division bench of Justice Tarlok Singh Chauhan and Justice Satyen Vaidya directed the compensation to be paid directly to the victim, emphasising that the amount must come from the pockets of the responsible doctors, not the government treasury.
The next hearing, scheduled for February 27, requires the state government to present an investigation status report and proof of the Rs 5 lakh payment. The bench stressed that rape is an assault on a woman’s dignity and society’s soul, condemning the intrusive test that violates privacy and dignity. The high court also ordered an inquiry into all doctors involved, holding them financially liable for the victim’s suffering, with retired status not exempting responsibility. The high court also criticised the Special Judge and District Attorney for their lack of sensitivity in handling the case.
The bench emphasised that encroaching upon one’s physical structure is an infringement no one has the right to make. Furthermore, the court cited guidelines from the Central Government, strictly prohibiting the controversial two-finger test, as also adopted by the Government of Himachal Pradesh.
“The imposed fine of Rs 5 lakh is directed to be paid directly to the rape victim, with a noteworthy stipulation – the amount is to come from the pockets of the culpable doctors and not from the government treasury,” the high court said.
The high court’s stance underscores the severity of the violation, asserting that the compensation is primarily for the embarrassment, humiliation and harassment suffered by the rape victim at the hands of the medical professionals at Civil Hospital in Palampur. This landmark ruling serves as a stern reminder of the importance of safeguarding the rights and dignity of rape victims, sending a strong message against the use of outdated and intrusive medical practices, said a woman rights activist.
