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Reporting rape

Reporting rape: On the trauma of rape survivor 

Victims of assault must be treated with dignity at every stage of investigation and trial 

For a rape survivor, trauma comes in repeat doses. First, there is the gruesome act and then follows the difficult task of reporting the assault. For years, an impediment to coming forward about a sexual offence has been the finger test a survivor is subjected to — a gross violation of privacy, a horror upon horrors. On Monday, the Supreme Court of India moved to make amends, declaring that any person conducting the invasive “two finger” or “three finger” vaginal test on rape or sexual assault survivors will be found guilty of misconduct. Calling it regressive, the Bench led by Justice D.Y. Chandrachud said, “this so-called test has no scientific basis and neither proves nor disproves allegations of rape. It instead re-victimises and re-traumatises women who may have been sexually assaulted, and is an affront to their dignity”. The apex court said whether a woman is “ habituated to sexual intercourse ” or “ habitual to sexual intercourse” is irrelevant for the purposes of determining whether there has been a rape under Section 375 of the Indian Penal Code. The test, it said, is based on the incorrect assumption that a sexually active woman cannot be raped; and “it is patriarchal and sexist to suggest that a woman cannot be believed when she states that she was raped”.

The Court pointed at a legislative measure of 2013 when Section 53A was added to the Indian Evidence Act which clearly said that the “evidence of a victim’s character or of her previous sexual experience with any person shall not be relevant to the issue of consent or the quality of consent, in prosecutions of sexual offences”. The Ministry of Health and Family Welfare had issued guidelines, saying the finger test must not be conducted. The Court, upset that the practice still continues, has directed the Union and State Governments to do everything to spread the message, including amending the medical curriculum so that students are aware that the finger test procedure is not to be followed while examining a rape survivor. Despite stringent laws in place after the Nirbhaya rape of 2012, things on the ground have not improved for a survivor who has to battle stigma and many other prejudices, not least the assumption that she is to blame for an assault. Rapes often go unreported, and the conviction rate is low too (28.6% in 2021, according to National Crime Records Bureau data). It is now up to the governments, health centres and police stations to act with sensitivity and without discrimination and ensure women have access to justice and dignity while reporting rape.
(Source: The Hindu, it is meant for educational purposes only)

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Trial (noun) – court case, case, lawsuit, suit, hearing मुकदमा

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Allegation
(noun) – charge, accusation, claim, assertion, declaration आरोप

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On the ground
(phrase) – In a place where real, practical work is done. जमीन पर

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Often
(adverb) – frequently, in many instances, repeatedly, again and again

अक्सर

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Gruesome
(adjective) –grisly, frightful, horrifying, fearful, hideous, macabre, horrible

भीषण/भयानक

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Consent
(noun) – assent, concurrence, accord

सहमति

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Impediment
(noun) – hindrance, obstruction, obstacle, barrier, bar, handicap

बाधा, अवरोध

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So
called (adjective) – supposed, alleged, presumed, ostensible

तथाकथित

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Stigma (noun) – shame, disgrace, dishonor

कलंक

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Assault
(noun) – a physical attack.

हमला

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Legislative (adjective) – Lawmaking, Governmental, Parliamentary

  वैधानिक

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Misconduct
(noun) – wrongdoing, crime, mishandle, mismanage, misbehavior

दुराचार

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Trauma
(noun) – injury, shock, hurt, wound, suffering

घाव, ज़ख़म, सदमा

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Stringent
(adjective) –Strict, firm, rigorous, severe
कठोर

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Battle
(verb) – fight, struggle, combat,

संघर्ष करना

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Examine
(verb) – study, investigate, review, scrutinize, inspect

जांच करना

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Dignity
(noun) – The quality of being worthy of esteem or respect

गरिमा

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Violation
(noun) – breach, infringement, infraction, contravention

उल्लंघन

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Prosecution
(noun) – litigation, prosecute, lawsuit, pursuance, trial

अभियोजन/मुक़दमा

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Sensitivity (noun) – Responsiveness, perceptiveness, understanding, awareness
संवेदनशीलता

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Direct
(verb) – to tell or order somebody to do something

निर्देश या आदेश देना

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Prejudice
(noun) – preconceived idea, preconception; bigotry, bias, partisanship

पक्षपात; पूर्वधारणा

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In place
(phrase) – established.

स्थापित

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Survivor
(noun) – a person who continues to live, despite nearly dying

दुर्घटना में बच जाने वाला व्‍यक्ति

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Victim
(noun) – An unfortunate person who suffers from some adverse circumstance

पीड़ित

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Finger
test (noun) – an invasive physical procedure where the medical professional inserts two fingers inside the vagina of a rape survivor to check if the hymen has ruptured or not, with a view to inferring whether sexual assault or intercourse took place.

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Be
subjected (to) (adjective) – likely to experience something;

से गुज़रना, भुगतना

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Invasive
(adjective) – a method of treatment that involves cutting into the body

उपचार पद्धति जिसमें शरीर में चीरा लगाया जाता है

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Make
amend (phrase) – to do something to correct a mistake that one has made or a bad situation that one has caused

सुधार करना

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Vaginal
(adjective) – relating to or affecting the vagina.

योनि

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Regressive
(adjective) – retrograde, retrogressive, regressive, unprogressive

प्रतिगामी

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Bench
(noun) – The judge or judges composing a court.

न्यायपीठ

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Re
-victimise (verb) – to victimize (someone) again

फिर से पीड़ित करना

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Re
-traumatise (verb) – to shock and upset someone severely again and for a long time

फिर से आघात पहुचाना

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Affront
(noun) – a remark or action intended to insult or upset someone; Insult, injury, slur, slight, outrage, disrespect

अपमान

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Habituate
(verb) – Familiarize, adjust, accustom, inure, acclimatize, orientate,

आदी बनाना, अभ्यस्त बनाना

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Habitual
(adjective) – addicted, persistent, chronic; done constantly or as a habit

अभ्यस्त, मामूली

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Patriarchal
(adjective) – ruled or controlled by men

पित्तंत्रात्‍मक

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Sexist
(adjective) – relating to discrimination or devaluation based on a person's sex or gender, especially such discrimination directed against women:

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State
(verb) – utter, say, tell, declare, affirm, assert, express, voice

कहना

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Point
at (phrasal verb) – to aim or direct something at someone or something

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Upset
(verb) – disrupt, interfere with, disturb, throw out,

भंग करना

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Amend
(verb) – revise, alter, change,

संशोधन करना

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Curriculum
(noun) – all the subjects that are taught in a school, college or university; the contents of a particular course of study

पाठ्यक्रम

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Be up to someone
(phrase) – be decided by particular person; be the responsibility of particular person.

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