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The legal rights of rape victims in India, focusing on their right to free medical treatment and the prohibition of the 'two-finger test' during examinations. It provides an overview of relevant laws and court rulings that protect survivors, including mandatory free treatment and the illegality of the 'two-finger test'. The document also outlines factors for compensation, such as mental/physical harm, loss of opportunities, and the victim's financial condition. The aim is to empower survivors and raise awareness about comprehensive support and protection for victims of sexual violence.
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Right to free medical treatment and No two Finger Test NAME – Tanishka saxena Intern at ubAdvocate Email –[email protected] Contact No. – 8077352079 My client Nirmala has come to me for counseling because :Background of the facts : ●My client Nirmala Is a rape victim, who is raped by Sudhir. ●She had registered an FIR against Sudhir in the police station. ●Police asked Nirmala to accompany them to the civil Hospital for medical examination. ●Nirmala is frightened and ignorant about her rights
. Legal Remedy : The Rights of a Rape Victim are :
It appears that people have not understood the proposition of law as to compensation to rape victim even after having lost the case. Many a time, a rape victim may not be able to produce the quality and standard of proof of rape beyond a reasonable doubt. In criminal proceedings the standard of evidence has to be beyond doubt to convict an accused. If the court feels that the victim is a sufferer, the court can grant her compensation. This compensation is not payable by the boy but by the government for infringement of her fundamental right to life which includes living with dignity. We need to understand this, the state has a moral and legal duty to protect its citizen’s life, and whenever these heinous crimes happen, it reflects negligence on the part of the state, the fact that the state failed its duty to maintain law and order. The opinions are solely based upon the video shared by Sir Jeevan Prakash AOR Supreme cort of India, upon which the client acted safely. Thank you! Tanishka saxena UbAdvocate