HC bans ‘two-finger test’ on rape victims

The High Court yesterday banned the use of 'two-finger test' while examining the rape victims, reports UNB. An HC bench of Justice Gobinda Chandra Tagore and Justice AKM Shahidul Huq passed the order after the final hearing on a writ petition filed challenging the necessity of the test. The court also directed for following the method mentioned in the Government's Health Care Protocol to examine the rape victims and keep victim's relative, female doctors, female police and nurse present during the test of the victim.

The court also ruled that the lawyers cannot ask any humiliating questions to the victims. Barrister Sara Hossain stood for the petitioner. Bangladesh Legal Aid and Services Trust (BLAST) along with five other human right bodies and two people filed the writ petition on October 8, 2013.

On October 10, 2013, the HC asked the authorities concerned to form a committee to formulate rules over medical tests of the victims of sexual harassment and rape and submit it to the court within three months.

Following the order, a 14-member committee, led by additional secretary

of Health Ministry, was formed which submitted the rules to HC. Following an appeal of the writ petitioners on August 7, 2016, the HC asked five specialist doctors to appear before the court on August 16 to present their opinion about the ‘two finger test’.

Dhaka Medical College Hospital Forensics Department’s former head Habibuzzaman Chowdhury, National Forensic DNA profile Laboratory at DMCH head Shafiur Akhteruzzaman, Mirpur Delta Medical College’s principal Zahidul Karim Ahmed, Dhaka Ibrahim Medical College’s Forensic Medicine professor Gulshan Ara Akhter, and medico legal expert and the vice-president of Indo-Pacific Association of law, Muzaherul Huq. The expert consultants termed the test as very obsolete and unethical while giving their opinion before the court.

 

HC bans two-finger test on rape victims

The High Court yesterday banned the use of two-finger test while examining the rape victims, reports UNB. An HC bench of Justice Gobinda Chandra Tagore and Justice AKM Shahidul Huq passed the order after the final hearing on a writ petition filed challenging the necessity of the test. The court also directed for following the method mentioned in the Governments Health Care Protocol to examine the rape victims and keep victims relative, female doctors, female police and nurse present during the test of the victim. The court also ruled that the lawyers cannot ask any humiliating questions to the victims. Barrister Sara Hossain stood for the petitioner. Bangladesh Legal Aid and Services Trust (BLAST) along with five other human right bodies and two people filed the writ petition on October 8, 2013. On October 10, 2013, the HC asked the authorities concerned to form a committee to formulate rules over medical tests of the victims of sexual harassment and rape and submit it to the court within three months. Following the order, a 14-member committee, led by additional secretary of Health Ministry, was formed which submitted the rules to HC. Following an appeal of the writ petitioners on August 7, 2016, the HC asked five specialist doctors to appear before the court on August 16 to present their opinion about the two finger test. Dhaka Medical College Hospital Forensics Departments former head Habibuzzaman Chowdhury, National Forensic DNA profile Laboratory at DMCH head Shafiur Akhteruzzaman, Mirpur Delta Medical Colleges principal Zahidul Karim Ahmed, Dhaka Ibrahim Medical Colleges Forensic Medicine professor Gulshan Ara Akhter, and medico legal expert and the vice-president of Indo-Pacific Association of law, Muzaherul Huq. The expert consultants termed the test as very obsolete and unethical while giving their opinion before the court.