Right to Healthcare for Survivors of Sexual Assault

In 2010, CEHAT filed an intervention petition in a PIL in the Nagpur High Court against the Union of India for the removal of harmful medical practices in rape examination and for the right to healthcare for sexual violence survivors. CEHAT made two key prayers in its intervention application: (i) the state government stop the use of their archaic proforma with immediate effect and replace it with a gender sensitive proforma (ii) the state government to ensure the provision of immediate medical treatment along with psychosocial services at the hospital level.

The decade-long PIL comprised of several strategies to demand scientific and gender sensitive care for rape survivors. Ranging from seeking a technical opinion from the World Health Organisation headquarters to setting up an expert committee to review gaps in the Maharashtra state protocol, and garnering support from service medical providers and civil society organisations across India. After decades of legal advocacy, CEHAT approached the Supreme Court with Lawyers Collective as its legal counsel. The Maharashtra government was compelled to withdraw the old proforma and implement the Ministry of Health and Family Welfare (MoHFW) proforma in 2014. This success came in light of the watershed Criminal Law Amendment (2013) which expanded the legal definition of rape and with the MoHFW formulating an uniform protocol and guidelines for sexual assault healthcare across the country.

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