The top court warned that persons conducting such tests will be held guilty of misconduct. “The test instead re-victimises and re-traumatises women,” the SC noted
New Delhi: In a significant ruling, the Supreme Court on Monday banned “Two-Finger Test” in rape cases and warned that persons conducting such tests will be held guilty of misconduct, a report in LiveLaw said.
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Wednesday 06 Nov. 2024
It is regrettable that “two-finger test” continues to be conducted even today, a bench comprising Justice D Y Chandrachud and Justice Hima Kohli lamented while restoring the conviction in a rape case. “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 observed while dictating the judgment, the report 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”, the bench added. The bench directed the Union Health Ministry to ensure that survivors of sexual assault and rape are not subject to two finger test. The Bench directed the Union Govt, as well as State Governments to ensure that the guidelines formulated by the Department of Health and Family Welfare (proscribes two finger test) are circulated to all Govt and private hospitals.
The Bench further directed to conduct workshops for health providers to communicate appropriate procedure examining survivor of sexual assault. It also directed to review curriculums in medical schools so that the two finger test is not prescribed as one of the procedures to be adopted while examining survivors of sexual assault and rape. The Court was deciding an appeal filed against a judgment of the Telangana High Court which overturned the conviction recorded by a trial court in a rape case.
