Synopsis: Supreme court bans the Two-finger test on sexual assault or rape victims. The supreme court warned any person performing this test would be held guilty of misconduct.
On Monday, a Supreme Court bench headed by Justice Dhananjaya Y. Chandrachud imposed the ban on the two-finger test on alleged rape survivors or sexual assault victims. The apex court warned that any person performing this test would be held guilty of misconduct.
The Hon. Dhananjaya Y. Chandrachud was annoyed at continuing the two-finger test practice despite a lack of scientific basis to trace the victim’s sexual history.
While reading out the operative part of the criminal case’s judgment, Justice Dhananjaya Y Chandrachud stated, “This court has time and again opposed the use of the two-finger test in the alleged rape and sexual assault cases. The so-called test has no scientific basis and is an invasive method of examining rape survivors. Instead, it re-victimizes and re-traumatizes women. Two-finger tests should not be conducted. “
Further, he added, this test is based on an incorrect assumption that a sexually active woman cannot be raped. Nothing could be further from the truth.
A bench of Justice Dhananjaya Y Chandrachud and Hima Kholi made the remarks in its order restoring the conviction and sentencing of a man for the rape and murder of a minor girl in Jharkhand in November 2004.
The girl had been set on fire by men who tried to sexually assault her. Later, in the hospital, a medical board was formed to examine her for the two-finger test.
The apex court said the probative value of the woman’s testimony doesn’t depend on her sexual history. The bench said it is patriarchal and sexist to suggest that a woman cannot be believed when she says that she was raped merely because she is sexually active.
The bench added that whether the woman is habituated to sexual intercourse is irrelevant for the purposes of determining whether the ingredients of rape under section 375 of the IPC are present in a particular case, the bench added.
Despite the apex court’s disapproval and the government’s banning it, it is “regrettable.” The bench added that the two-finger test has no scientific basis and neither proves nor refuses the allegations of rape.
What is Two-finger test and how it conduct?
The two-finger test is conducted to check the laxity of the vaginal muscles of a woman. This test is aimed at checking whether the victim is sexually active or not. This test is performed on rape survivors to confirm their allegations.
This test is performed by the doctor, who inserts two fingers into the victim’s vaginal canal to check the laxity of her vaginal muscle and determine whether she is sexually active or not.
What has the Supreme court previously said?
In May 2013, the SC banned this two-finger test on rape or sexual assault victims on the grounds that it violates their right to privacy. The court asked the government to provide better medical procedures in order to confirm the rape allegations.
