Supreme Court Bans Two-Finger Test: On Oct. 31, the Supreme Court reiterated its ban on the “two-finger test” in rape cases, warning individuals who use such tests are guilty of misconduct. Observing that the test was based on a patriarchal mindset that assumed that sexually active women could not be raped, the bench of Justices DY Chandrachud and Hima Kohli regretted that such a method of examination was being used even.
October 2022 Current Affairs Quiz
What Did The Honorable SC Said:
“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. It instead re-victimises and re-traumatises women. The two finger test must not be conducted. The test is based on an incorrect assumption that a sexually active woman cannot be raped. Nothing can be further from the truth.”
The bench directed the Union Health Ministry to ensure that victims of sexual assault and rape are not subjected to two-finger tests. “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,” the bench added.
The apex court made the remarks while deciding an appeal filed against the Telangana High Court judgment quashing the conviction recorded by the trial court in a rape case.
What Is the Two-Finger Test:
A “per vaginal” or two-finger test is an explicitly intrusive physical examination wherein a doctor inserts two fingers inside the vagina of a rape survivor to check if the hymen is intact or not. It examines the laxity of vaginal muscles in order to determine if the woman has engaged in or has been subjected to sexual intercourse – a proof of virginity. In some cases, it is done by inspecting the size of a vaginal opening and for tears in the hymen.
Erstwhile Judgement Of SC:
In May 2013, the Supreme Court imposed a ban on two-finger testing of rape victims, saying it violated their right to privacy. The court had asked the government to provide better medical procedures in order to confirm sexual assault.
In 2018, UN Human Rights, UN Women, and the World Health Organization called for a ban on two-finger testing to eliminate violence against women. They declared it a “medically unnecessary, often times painful, humiliating and traumatic practice that must end.”
Yet, the two-finger test continues to be practised in some cases. In 2018, an Indian Air Force officer at the Air Force Administrative College, Coimbatore, accused her batchmate of rape and also alleged that she was subjected to a prohibited ‘two-finger test’ to confirm sexual assault.
