State of Jharkhand v Shailendra Kumar Rai and Others SCC/SC/1294/2017
The Supreme Court has ruled that all women, regardless of their marital status, are entitled to benefits of safe and legal abortion up to 24 weeks of pregnancy, in another historic verdict. They declared that discrimination against women based on their marital status is against their right to equality. The Prosecution filed and appeal before the Supreme Court in order to overturn a man’s conviction and sentence for rape and murder of young girl in Jharkhand in November 2004. The victim alleged that the accused pushed her the ground and raped upon her and victim has been set on the fire by the accused after she shouted for the help and her grandfather, mother and villages residents came to her room and the accused was fled upon seeing upon them. The girl was afterwards taken to a hospital in Deoghar, where she underwent the ‘two finger test’. The SC gave the following guidelines and declared that the persons found conducting the test would be guilty of misconduct.
- Ensuring that all public and private hospitals receive the guidelines created by the health ministry and family welfare.
- The holding of workshops for medical professionals or employees to explain the correct procedure to be taken when examining rape and sexual assault survivors.
- Review the medical school curriculum to make sure that the ‘two finger test’ or per vaginum examination is not listed as one of the methods to be used when assessing rape and sexual assault survivors.
- The copy of the judgment must be given to the secretary, the ministry of health, and the government of India. Copies must also be sent to every state’s department of health.
- The responsibility for seeing that these rules are followed rests with each department’s main secretaries.
Justices DY Chandrachud and Hima Kohli
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