SC bans the regressive ‘two-finger test’ in rape cases
The Supreme Court on Monday banned the regressive ‘two-finger test’ performed on rape victims. Passing the landmark judgement – the one that will resonate as a trailblazer in the times to come – the Supreme Court has said that the practice is “unscientific” and “invasive”.
The apex court has also set a punitive measure, warning that the persons conducting such “tests” will be held guilty of misconduct. The SC bench comprising Justice DY Chandrachud and Justice Hima Kohli has also ordered the removal of study materials on the so-called “test” from the curriculum of medical colleges. It has directed the Centre and the health secretaries of the state to take steps to ensure this.
The Supreme Court has been delivering favourable judgements on women’s rights on the trot lately. Barely a month ago, India’s apex court ruled that ALL women— irrespective of their marital status — are entitled to safe and legal abortions in India. Today’s judgement is yet another massive win for women’s rights and dignity. The bench delinked a woman’s sexual history from the fact that a horrific crime had been committed against her.
The SC further added that there was no reason to not believe a woman who says that she was raped, slamming the upholders of patriarchy who have for long said that a sexually active woman is less likely to have been sexually assaulted.
Two-finger test-
The test has been commonly performed on rape victims to see if they have a previous sexual experience. In the test, a doctor inserts fingers into the victim during the forensic examination to test for “vaginal laxity” and is expected to deliver a medical opinion as to whether she appears to be “habituated to sexual intercourse” along with an inspection of the victim’s hymen.
The test is extremely violative of the physical or mental integrity and dignity of the victim. However, not too long ago, the test was a part of the standard operating procedure in the forensic examination endorsed by the Indian Medical Association and was required by courts.
