Himachal Pradesh HC Imposes Rs 5 Lakh Fine on Doctors Who Conducted 'Two-finger' Test on Minor Rape Victim

Himachal Pradesh High Court has directed the State Government to pay a compensation of Rs 5 lakh to a minor rape victim after she was subjected to “two-finger test”, which violated her “privacy, physical and mental integrity and dignity”. The court also observed strict objection to “insulting” questions asked from the child victim related to her virginity, during the examination.

The court also ordered the state to recover the amount from the erring doctors and to hold an inquiry against all those involved in the procedure.

According to a TOI report, the Court also said that the retirement of some of these doctors will not come in the way of the State in imposing financial liability on them.

During a hearing on an appeal filed by appellant under Sections 376, 354 of the Indian Penal Code, Sections 6 and 14(3) of the Protection of Children from Sexual Offences Act, and Sections 66-E and 67-B of Information and Technology Act by the Special Judge, a division bench comprising Justice Tarlok Singh Chauhan and Justice Satyen Vaidya noted that the Civil Hospital Palampur had issued medico-legal certificate (MLC) whose columns were “demeaning, self-incriminating and self-inculpatory” for the child victim.

“The gross insensitivity shown by all those, who had designed the MLC and its columns, cannot go unnoticed,” the division bench said in the order, the court said, adding that if that was not enough, the doctors issuing the MLC in question even conducted the “two-finger test” even though this test has been declared to violate the rights of rape survivors to privacy, physical and mental integrity and dignity by Supreme Court.

The High Court also summoned the Secretary (Health), of Himachal Pradesh to know the stand of the state. She appeared before the court and stated that this MLC was designed by some of the doctors at Civil Hospital, Palampur alone and such MLCs are not being issued anywhere in the State.

The bench further issued directions to all the health professionals of Himachal Pradesh to strictly refrain from undertaking the “two- finger test” on rape survivors or face legal action.