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| Judge in Mumbai Rape Case Calls Test on Women Archaic | Judge in Mumbai Rape Case Calls Test on Women Archaic |
| (5 months later) | |
| MUMBAI, India — The judge presiding over a gang-rape case here complained in a judgment released Tuesday that outdated practices were still being used in rape investigations, in defiance of reforms imposed last year to make the justice system more sensitive to victims of sexual violence. | |
| In a 192-page decision, the judge, Shalini Phansalkar-Joshi, singled out a doctor who used a test to measure vaginal laxity after a 19-year-old call-center worker reported being raped repeatedly by five men in an abandoned building. | In a 192-page decision, the judge, Shalini Phansalkar-Joshi, singled out a doctor who used a test to measure vaginal laxity after a 19-year-old call-center worker reported being raped repeatedly by five men in an abandoned building. |
| The test, which the judge called “degrading, unscientific and archaic,” aims to determine whether a woman’s hymen has been freshly broken, but is often cited as evidence that a victim was “habituated to sex,” undermining her accusation. It was condemned by India’s Supreme Court last year and should have been entirely phased out under new state guidelines issued in May, months before the woman approached authorities. | The test, which the judge called “degrading, unscientific and archaic,” aims to determine whether a woman’s hymen has been freshly broken, but is often cited as evidence that a victim was “habituated to sex,” undermining her accusation. It was condemned by India’s Supreme Court last year and should have been entirely phased out under new state guidelines issued in May, months before the woman approached authorities. |
| India’s health ministry banned the practice under new guidelines released this month. | India’s health ministry banned the practice under new guidelines released this month. |
| But the intense focus on sexual violence that continued for many months after a fatal 2012 gang-rape in New Delhi has had little effect on the hospitals and police stations where investigations are carried out, said Vrinda Grover, a human rights lawyer. She said she believed the test was still in use in 98 percent of Indian jurisdictions, “partly out of habit, partly that they’re taught the wrong thing, and very largely because there is prejudice and bias” surrounding charges of rape. | But the intense focus on sexual violence that continued for many months after a fatal 2012 gang-rape in New Delhi has had little effect on the hospitals and police stations where investigations are carried out, said Vrinda Grover, a human rights lawyer. She said she believed the test was still in use in 98 percent of Indian jurisdictions, “partly out of habit, partly that they’re taught the wrong thing, and very largely because there is prejudice and bias” surrounding charges of rape. |
| “We are putting up a huge battle, but the system is unwilling to show any amount of respect or responsibility toward discharging its duty,” she said. “Where things are not under the spotlight, there is not much change. That is what worries me most.” | “We are putting up a huge battle, but the system is unwilling to show any amount of respect or responsibility toward discharging its duty,” she said. “Where things are not under the spotlight, there is not much change. That is what worries me most.” |
| The two Mumbai gang rapes — carried out by a group of unemployed men who spent their days in an abandoned mill building — were elevated to a priority for the city’s police force, and assigned to a prosecutor famous for sending convicted terrorists “to the gallows,” as he put it. Four men accused in the two cases were sentenced to life in prison last week, and the prosecution has framed additional charges to demand death for three men implicated in both crimes. | The two Mumbai gang rapes — carried out by a group of unemployed men who spent their days in an abandoned mill building — were elevated to a priority for the city’s police force, and assigned to a prosecutor famous for sending convicted terrorists “to the gallows,” as he put it. Four men accused in the two cases were sentenced to life in prison last week, and the prosecution has framed additional charges to demand death for three men implicated in both crimes. |
| Despite all the furor, advocates have complained that the victims were treated callously, and Judge Phansalkar-Joshi agreed. | Despite all the furor, advocates have complained that the victims were treated callously, and Judge Phansalkar-Joshi agreed. |
| She noted, in particular, that the call-center worker was forced to identify her attacker in person within a few days of the rape, and recommended that the court allow identification via video link in the future. She also lashed out at defense lawyers who argued that the victim did not see the accused during the attack. | She noted, in particular, that the call-center worker was forced to identify her attacker in person within a few days of the rape, and recommended that the court allow identification via video link in the future. She also lashed out at defense lawyers who argued that the victim did not see the accused during the attack. |
| “Those faces must have been imprinted forever on her mind,” the judgment reads. “She will identify them out of hundreds and even after lapse of years.” | “Those faces must have been imprinted forever on her mind,” the judgment reads. “She will identify them out of hundreds and even after lapse of years.” |
| Both women testified during the trial last fall. The first to come forward, a 22-year-old photojournalist, fainted during a four-hour deposition when she was made to identify her attacker, and was later asked to identify a pornographic clip that was shown to her during the assault. The second woman, who the judge said is being treated for post-traumatic stress disorder, told the court that she wanted her four assailants to be beaten. | Both women testified during the trial last fall. The first to come forward, a 22-year-old photojournalist, fainted during a four-hour deposition when she was made to identify her attacker, and was later asked to identify a pornographic clip that was shown to her during the assault. The second woman, who the judge said is being treated for post-traumatic stress disorder, told the court that she wanted her four assailants to be beaten. |
| “She was all the while weeping and has expressed her anguish, which discloses her state of mind,” the judge said in her decision. | “She was all the while weeping and has expressed her anguish, which discloses her state of mind,” the judge said in her decision. |
| Ranjana Kumari, director of the Center for Social Research, said that even if the test was phased out, doctors would face difficulty collecting evidence in rape cases, since few, if any, had access to DNA testing laboratories. But for now, she said, she is glad that the judge raised her voice. | Ranjana Kumari, director of the Center for Social Research, said that even if the test was phased out, doctors would face difficulty collecting evidence in rape cases, since few, if any, had access to DNA testing laboratories. But for now, she said, she is glad that the judge raised her voice. |
| “I am very happy,” she said. “This judgment is very clearly asking police why this was done.” | “I am very happy,” she said. “This judgment is very clearly asking police why this was done.” |