1. No One Can Force You – Consent is Key
Medical examination after rape cannot be done without your consent. You have the full legal right to refuse. No police officer, hospital staff, or judge can force you.
Legal Basis: Section 164A of the Criminal Procedure Code (CrPC) makes consent mandatory.
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The doctor must explain the procedure in a language you understand. You (or a guardian if you’re a minor) must sign a written consent form before any exam can be done.
This includes explaining why certain tests are needed and what will happen during the process.
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3. Your Right to Privacy and Dignity
Examinations must take place in a private space. Only female doctors should examine female survivors. No male police should be present. You can ask for a trusted person to be there with you (unless it interferes with the legal process).
Unnecessary staff should not be present during the exam.
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4. Right to Free Medical Care
Every hospital, including private ones, must provide treatment to rape survivors for free. This includes:
- First aid
- STI and pregnancy testing
- Emergency contraception
- Counseling and trauma care
Relevant Law: Section 357C CrPC + Article 21 (Right to Life)
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5. Right to Get a Copy of the Medical Report
You are entitled to a free copy of the medical report. The original must be sealed and handed to the police. Make sure to keep your copy safe — it’s important for your legal case.
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6. No Two-Finger Test – It’s Illegal
The Supreme Court has banned the “two-finger test” as unscientific, degrading, and irrelevant. Any hospital that conducts it is violating the law and your dignity.
If this happens, you can and should file a complaint.
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7. Right to Be Treated with Respect
You must be spoken to with kindness, not suspicion. Medical staff cannot ask judgmental questions or behave in a rude or accusatory manner. Such behavior is unethical and punishable.
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8. Right to Be Examined by a Female Doctor
Though not legally mandatory, a female doctor should examine female survivors. If not available, you can request a nurse or female staff to be present during the exam or ask for rescheduling.
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9. Right to Legal and Psychological Support
You have the right to:
- Free legal aid through the District Legal Services Authority (DLSA)
- NGO and hospital counselors for emotional support
- Information about what happens next legally
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10. Right to Complain Against Misconduct
If you are:
- Denied medical care
- Subjected to illegal tests
- Mistreated during examination
You can report to:
- State Medical Council
- Police station
- National Human Rights Commission (NHRC)
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