Women's Body Recommends Mandatory HIV Tests For Sexual Assault Survivors

Sexual assault comes along with a lot of mental and physical trauma for the survivor, and attempting to reduce the impact the event would have on the individual has been an issue that has been constantly discussed across panels.

Medical professionals and practitioners who deal with sexual assault survivors are expected to talk to the patients regarding the possibility of contracting sexually transmitted diseases and the preventive options available for them. Regardless of the feasibility of immediate detection, the likelihood of the accused carrying an infection cannot be ruled out and has to be looked into.

In regard to this, the Delhi Commission For Women recently looked into data managed by the hospital about the tests and counselling conducted for survivors. A lack of comprehensive data pointed to the flawed system that has made prevention and care inaccessible to many victims.

Findings By The Panel

The Delhi Commission For Women (DCW) issued a notice to the capital city's health department seeking information about the number of cases in which tests for Human Immunodeficiency Virus (HIV) were conducted for sexual assault survivors and the accused. The Commission also enquired about the steps and Standard operating procedures (SOPs) that were adopted to prevent the transmission of HIV among survivors.

In response to this notice, the Health sent the data, which revealed that many hospitals were not abiding by the recommended HIV test provisions for sexual assault survivors. The panel who were looking into the matter cited the example of Deep Chand Bandhu Hospital and said that the facility only conducted a few tests among the 180 medico-legal examinations that were done on survivors.

Some other hospitals, such as the Dr Baba Saheb Ambedkar Hospital and Rao Tula Ram Hospital, did not even maintain data regarding HIV tests of rape survivors. The few that conducted the tests failed in terms of follow-up HIV testing and counselling, which are recommended to be done after three and six months, respectively. Hospitals, including the All India Institute of Medical Sciences, Rao Tula Ram Hospital, and Jag Pravesh Chandra Hospital, had no data available on the follow-up tests.

Barely a couple of hospitals, Acharya Shree Bhikshu Govt Hospital and Guru Gobind Singh Government Hospital, had sufficient information to provide in regard to the HIV status of the accused. The others reported that there was a lack of procedures being followed so as to maintain the confidentiality of the survivors' identities and test results.

As for the administration of the first line of defence against HIV, Post Exposure Prophylaxis (PEP), the panel received no data from the hospitals. This forms the first and immediate preventive care and treatment made available against HIV. The failure to conduct tests and follow-ups would further delay the administration of the preventive and protective doses, putting the life of the survivor on the line.

The panel was also able to deduce that the many Integrated Counselling and Testing Centres (ICTC) functioned within a framework of 9 am to 4 pm, which forces many survivors to return a day after for the HIV tests.

Recommendations By The Panel

After the findings came to light, the commission recommended HIV testing of sexual assault survivors as mandatory. They directed the tests to be conducted right from the first visit as well as the follow-up visits between three and six months.

To make this more accessible, the ICTCs have been directed to work around the clock and remain open 24*7. It would enable the survivors to approach the centres at the earliest and get administered the PEP.

Talking about the need for this, DCW chief Swati Maliwal spoke of an eight-year-old girl who contracted the virus after being brutally raped by a person who was HIV positive. A report by NDTV quoted her saying, "A strong and robust mechanism to ensure proper preventive care and treatment of sexual assault survivors for HIV is the need of the hour."

The panel also emphasised stricter data management to keep track of the survivors and their health conditions. For this, they recommended the maintenance of HIV testing cards for all survivors.

Furthermore, the Delhi Police has been recommended to follow the Standing Order No. 303 of 2019, which mandates investigation and supervision to ensure that medical examination of the accused includes an examination of sexually transmitted diseases (STD) and other infections. Information pertaining to the HIV status of the accused must then be duly conveyed to the hospitals and survivors.

These recommendations have been sent by the panel to the health department, Delhi government and Delhi Police, and a report on the action taken upon it has been requested within 30 days' time.

Also Read: 150 Complaints Of Sexual Harassment At Central Ministries Since January 2020: Govt