What is the rights of a rape survivor at Hospital ? | Forum

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LetsHelpIndia
LetsHelpIndia May 13 '14, 03:47



At the hospital, a survivor of rape has the right to:

Walk into any hospital, public or private, and get free medical care (Section 357(c), CrPC).
Cannot be denied treatment or a medical examination if she has not filed an FIR with the police first (Section 357(c), CrPC).


Be examined by any registered medical practitioner (Section 164(a), CrPC) and not only by a gynaecologist or in the hospital’s labour ward. Child survivors however, must be examined only by a female doctor.


Not be asked irrelevant details about old hymenal tears, past sexual experience or habituation to sex (Section 146, Indian Evidence Act).


In addition to these rights, survivors of rape and sexual assault can:
Ask for both medical as well as psychological first aid at a hospital.


Undergo a medical examination in which forensic evidence is collected to register a case in court and seek justice.


In this case, the examining doctor must seek the survivor’s permission in writing and note the following:


Conduct the exam in a non-threatening, quiet and private place.


Conduct a thorough head-to-toe examination.

Record the account in the survivor’s own words.

Make comprehensive notes of the survivor’s injuries and the health consequences of the assault.

Collect and preserve the evidence in an organized manner.Not pass a verdict whether or not rape or sexual assault took place.

Record whether there has been loss of evidence due to bathing, urinating or changing clothes.

Provide the survivor a copy of the report for free.

If a survivor's rights are violated at a hospital:Under Indian law, an FIR can be filed against a person in-charge of a hospital, and he or she can be imprisoned up to 1 year or fined for unlawful conduct (Section 166(b), IPC).


The Forum post is edited by LetsHelpIndia May 13 '14, 04:12
Vithya
Vithya May 23 '14, 04:47

Super crystal clear....

Never knew we women had the right to demand all these at a hospital

I wil let many ppl knw abt this

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