Satyamev Jayate - Jinhe Desh Ki Fikr Hai

Power to you

Be an information activist by spreading the word about the problems that exist in our society. Here are some resources that can help you empower yourself and others.

 
  
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Power to you

Aakash

Doctor, I demand... Back

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).

  
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Disclaimer:In case you are a victim/survivor or know a person who has been raped, or has been/being physical abused and/or been/being sexually assaulted, Star India Private Limited and Aamir Khan Productions Private Limited hereby advise and direct that in such case the victim should (if not done already) speak and discuss or confide in a trusted family member(s), visit the nearby hospital equipped to deal with such crimes and also lodge necessary complaint with the local police station. Your use of the website shall be subject to the terms and conditions of this website, the user generated content and the privacy policy, as available on this website

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