MyVoice: Views of our readers 2nd November 2022

SC finally hit the nail on two finger test

Supreme court had expressed anguish over the two finger test still carried on which is inhuman and against the dignity of women as well as unconstitutional.

In this regard I quote two examples one is related to Ram Raheem head of Sacha Sauda and second pertains to Bapu Asaram head of a sect and both are in the jail and both are under the charge of sexual assault. In 2003 an anonymous typed complaint was sent to then PM and CJI and the same was forwarded to CBI for further investigation and it was unsigned so investigation was too much difficult but CBI caught one clue. And that clue was that one word of typewriter was broken so to find that particular typewriter investigation agency checked about one thousand machines and ultimately reached to the complainant and further happenings are before all of us.

Second case is of Bapu Asaram who is presently in jail just on the statement of victim under section 164 before the magistrate in Delhi whereas matter was related to Rajasthan. Now question arises whether any two finger test was performed and the answer is Big No then why such type of test is still being carried on in civil hospitals. Supreme Court has intervened to put an end to this humiliating practice. The Supreme Court has time and again frowned upon the use of test referring to it as the worst form of patriarchal and sexist attitude towards women who report rape. The practice has even been deemed unconstitutional. The latest order to prosecute those conducting this unscientific, invasive method of examination and holding them guilty of misconduct brings finality to the issue and it is a welcome and essential intervention. The test only revictimises and re-traumatises women. The top court had nearly a decade back issued views on similar lines. The test's interpretation, it said, violates the right to privacy, dignity, physical and mental integrity and can lead to degrading characterisation. Even if the report is affirmative the presumption of consent is erroneous. A criminal law amendment in 2013 had made it clear that the evidence of a victim's character or her previous sexual experience is irrelevant to the issue.

Along with directions to ensure that the survivors of sexual assault and rape are not put through the two-finger test, the Union Health Ministry has been told to circulate the court's decision widely to spread awareness. It has also asked for workshops to be conducted for health providers on appropriate procedures and removal of study material on the test from the curriculum of medical colleges. It is too serious an issue to be dealt with in a casual manner.

Yash Pal Ralhan, Jalandhar

In the backdrop of the continued use of the banned invasive two-finger test on rape survivors despite the directions given in 2013 by the apex court warning doctors not to undertake such tests on the ground that there is no scientific basis to determine rape survivor's sexual conduct except heaping humiliation and violating the rights of rape survivors to privacy, Supreme Court coming out heavily on guilty doctors for contravening the court order by contending that if such tests continue, stringent action would be taken is not only correct but brings great relief to rape survivors. The court further directing centre and states to review the curriculum in Medical schools and ensure that this test is erased is a right step forward to uphold the dignity and integrity of rape survivor.

K.R Srinivasan, New Bhoiguda, Secunderabad

Gujarat tragedy disheartening

It is disheartening to note the Gujarat Tragedy of 140 deaths, many injured and missing. Before opening the bridge to public, a thorough check should have been conducted. We have came across similar incidents involving fly overs, earlier. We do not adhere to safety measures. We are not prepared to learn out of past experiences. Hundreds of families are in grief. We announce compensation and constitute a committee to investigate, but we should punish the people responsible for such mishaps. Allowing more number of people than permissible seems to be the cause for the tragedy.

K.Lakshman Rao, Seethammadhara, Visakhapatnam

Mistaken identity

Looks to be a case of mistaken identity. The fishing boats are supposed to be equipped with radio identification setup which helps Indian Navy to identify friend or foe. If the fishermen are not trained or certified this possibility is unavoidable. Why were they shooting instead of approaching apprehending needs? The recent incident where Indian Navy personnel shot at an Indian fishing boat injuring one fisherman has sent shock waves throughout the fishing community. They are convinced it is a case of the fence preying on the crop and say it makes them feel vulnerable.

The fishing boats were flying the Indian National Flag. The Indian Naval ships are provided with powerful searchlights & flares which could help easily identify the Indian fishing boat. They chose not to do so. This is a clear case of our Protectors attacking our own unarmed Indians. At least the CO of INS Adyar & Chief of Naval Staff should have immediately expressed regret for the Indian casualties. A sense of disquiet is palpable in the coastal hamlets after the recent shooting of a fisherman by the Indian Navy at Palk Bay. It is time to provide best assistance and take serious note of this encounter.

C.K.Subramaniam, Sanpada Navi Mumbai