SC bans two-finger test in rape cases; calls it patriarchal and invasive
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New Delhi: In a significant decision, the Supreme Court on Monday prohibited the "Two-Finger Test" performed on the victims of sexual assaults and warned those indulging in such tests will be held guilty of misconduct.
The apex court ordered the removal of the two-finger test from study materials in medical colleges saying the unscientific invasive method of examining rape survivors re-traumatises the sexually assaulted woman. The Supreme Court deemed the practice unconstitutional in 2013 and held that the test should not be performed.
While restoring the conviction in a rape case, a bench comprising Justices DY Chandrachud and Hima Kohli said it is regrettable that the "two-finger test" continues to be conducted even today. The Supreme overturned the acquittal order of a High Court and sentenced the man to life imprisonment for a rape-murder case.
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Justice DY Chandrachud, who is set to become the next Chief Justice of India, while hearing the case said: "The probative value of a woman's testimony does not depend on her sexual history. It is patriarchal and sexist to suggest that a woman cannot be believed when she states that she was raped merely because she is sexually active."
"This court has time and again deprecated the use of two finger test in cases alleging rape and sexual assault. The so-called test has no scientific basis and is an invasive method of examining rape survivors. It instead re-victimizes and re-traumatizes women. The two-finger test must not be conducted," observed Justice Chandrachud while dictating the judgment in a criminal case.
The Bench directed the Union Health Ministry to ensure that sexual assault and rape survivors are not subjected to two finger test and directed the Union Government and the State Governments to ensure the guidelines formulated by the Department of Health and Family Welfare, prohibiting the two-finger test, are circulated to all Government and private hospitals.
The Supreme Court bench also asked to conduct workshops for health providers to train them on the appropriate procedure for examining sexual assault survivors. The top court also asked to review the curriculums in medical schools so that the two-finger test is not prescribed as one of the procedures to be adopted examining sexual assault and rape survivors, reported livelaw.in.