MUMBAI: The daughter of a government official has approached police commissioner Rakesh Maria alleging that doctors at Sion Hospital unnecessarily subjected her to a detailed medico-legal examination when she merely wanted to be treated for her physical injuries. The 23-year-old victim also alleged that she was made to undergo the banned two-finger test.

Nehru nagar police senior inspector Suresh bawar said the victim’s parent’s complained them that the hospital ill treated their daughter and made her wait for hours and also made their daughter to undergo tests that was against the law.

The girl was in the hospital for treatment and certification following a sexual assault attempt on her. On September 24, she was attacked by Mahadev Gounder (45), who dragged her inside bushes close to the eastern express highway on VN Purav Marg in Sion-Chunabhatti and attempted to rape her and then kill her. Three beat marshalls—Vilas Garekar, Balasaheb Walunj and their colleague—had reached the spot just then and nabbed Gounder.

The girl was sent to the civic-run Sion Hospital by the Nehru Nagar police to get treated for the injuries as well as get a certificate stating the nature of her those wounds. The girl, however, was left traumatized after an on-duty gynecology resident allegedly asked her to remove clothes and walk to the other side of the ward, where deliveries are usually carried out. “She was also made to undergo the two finger test when it was not required at all. She was not a rape victim,” said her mother, who incidentally is an employee of the hospital.

The hospital has categorically denied conducting a two-finger test. Dean Dr Avinash Supe said the hospital strictly followed the protocols designed by the state government. “The girl gave us a history of sexual assault by an unknown person. Patient was promptly examined and even advised admission, which the family refused despite being counseled,” said Supe adding that the girl did not give consent for swab collection. Supe said that the doctor was only following protocols laid down for medico-legal cases. “An examination of private parts was done as she gave a history of the accused trying to touch. Two-finger test was never done,” he said.

The family met Maria on Friday and brought the matter to his notice. “We are inquiring into the complaint regarding the ill-treatment of the girl at the hospital. They praised the prompt action by the cops and handling of the case sensitively. We will get in touch with the hospital,” Maria told TOI on Sunday.

“The police was very cooperative and treated my daughter properly after the incident. But, the doctor was rude and mentally abused my daughter for seven hours. She was made to run around and sign many papers,” said the victim’s mother. The family is now planning to meet the hospital dean and ask for an inquiry.

Talking to TOI for the first time on Sunday after their daughter had a narrow escape from death, the victim’s parents said the police knew the gravity of the case and carefully handled the matter while taking down their daughter’s statement. “My daughter fought the accused and even hit him with her mobile to escape. If the beat marshals were late even by five minutes, the accused may have killed my daughter and dumped her in the deep nallah. We however, faced the real trauma only in hospital,” recounts the victim mother.

She said after registering the FIR a female cop accompanied them to the hospital at 11pm. “The doctor made my daughter, who was physically weak to run around till 4am the next day. The doctor was not ready to read the FIR copy, which clearly stated that my daughter was not raped. The doctor made repeat the entire incident, which was mentioned in the FIR. Fed up with the ill-treatment, we finally left the hospital at 7am without getting her admitted. Despite complaining to the unit head of the department, no action was initiated against the doctor,” said the victim’s mother.

Unsafe spot

The spot where the 23-year-old daughter of government officer was attacked late on Wednesday last week was one out of the 272 spots that was listed in the audit that was done by the Mumbai place which showed unsafe zones for women and children to move around. On Friday, two days after the incident, the victim attended lecture at Kalina University and even appeared for her exams. The victim went to university confidently leaving back the trauma after she had at the Sion hospital more than what she faced at the spot. The victim’s parent’s praised the Nehru Nagar police effort in saving their daughter but were annoyed over the Sion hospital for badly treating them during their daughter’s treatment. On Wednesday, the victim after leaving the Chunabhatti institute was walking on isolated route to her Suman Nagar home when she was attacked, dragged inside bushes on VN Purav Marg in Sion-Chunabhatti and attempt to rape her by 45-year-old Mahadev Gounder. She was saved by alert beat marshalls. The accused undergone medical examination on Friday and his DNA samples has been sent to the Kalina Forensic Science Laboratory (FSL). “Gounder’s DNA sample has been sent to FSL and we are awaiting for the report to know whether he has any role in 2010 two minor girls rape and murder. He was produced before the court on Friday and has been sent to Judicial Custody till October 9,” said Nehru Nagar police senior inspector Suresh Bawar.

What do law say?

The Maharashtra government in May, 2013 had issued a GR banning the two-finger test for examination of sexual assault victims.

The GR had criticized undue importance given to external injuries like signs of resistance, examination of hymen, assessment of virginity, etc.

The GR was based on a report by an eight-member panel appointed by the state following a PIL in the Nagpur bench of the Bombay High Court filed in 2010.

The GR added new guidelines such as receiving the victim’s consent, mandatory presence of a female nurse or an attendant if a female doctor is not examining.

In 2012 January, a high-level committee at the centre had recommended to the government asking them to abolish the two-finger test.