On October 31, 2022, the Supreme Court depreciated the ‘Invasive’ and ‘Regressive’ two-finger test on rape survivors. The Apex Court stated that it has no scientific basis and rather re-victimised women who might have been sexually assaulted and was an offence to their dignity.
The Apex Court issued a bunch of directions to the Centre government and State government that any individual who conducted the two-finger test or per vaginum examination in violation of the court’s order shall be guilty of misconduct.
The two finger test is directed at rape and sexual assault victims to determine whether they were persistent in sexual intercourse. The Apex stated that it is Sexist and Patriarchal to propose that woman could not be believed when she said that she had been raped purely because she was sexually active.
A bench of Justices Hima Kohli and C Y Chandrachud made a remark on a judgement on an appeal of the Jharkhand government in which it challenged the release of one Shailendra Kumar Rai alias Pandav Rai of rape and murder charges. The Apex reversed the High Court’s decision and supported the trial course order. It holds Pandav Rai guilty of murder and rape and giving him a life sentence.
Two finger test is an offence
While responding to sexual violence, forensic evidence are collected by health providers as well as provide therapeutic care. The survivors still find themselves being threatened with the humiliating two-finger test. Though the Apex, again and again, frowned upon the test. The practice has even been considered unconstitutional.
The bench pointed out that while examining the victim. The Sadar Hospital’s Board at Deoghar in Jharkhand which conducted the two-finger test to decide whether she has habituated to sexual intercourse.
“This court has time and again depreciated the use of ‘Invasive’ and ‘Regressive’ tests on alleging sexual assault and rape. This test has no scientific basis, and neither proves nor disproves allegations of rape. Rather it re-traumatised and re-victimised women who have been raped, and it is an insult to their dignity. Thus the two-finger test should not be conducted,”- it noted.
The bench referred to its 2013 verdict Lillu Vs State of Haryana where it was carried out that the test violates the dignity of women, Right to Privacy and integrity. The probative value of a woman’s evidence does not depend upon her sexual history. It is sexist and patriarchal to suggest that women cannot be believed that she has been raped. The bench remarks on the verdict. It issued a bunch of directions to the State Government and Centres to secure the guidelines developed by the family welfare and Ministry of Wealth circulated to all private and Government hospitals.
How is the test conducted?
The two-finger test is done by a doctor. In which he inserts two fingers into the vaginal canal of the rape survival to examine the laxity of her muscles to decide if she has been sexually active.
Verma Committee Statement on the Two-finger Test
The body under Former Chief Justice JS Verma formed suddenly after the Nirbhaya Gangrape Case of 2012 in the national capital. And also suggested stricter laws for such cases and banning of two-finger tests.
Is the Two-finger Test Scientifically Approved?
No, the two-finger test is not accepted scientifically. According to medical professionals, science has proved that Hymen is not an authentic source of confirming vaginal penetration. The thin membrane in the vagina, the Hymen, can split not only during sexual intercourse but also during daily work. Also including physical activity and while playing sports. In 2013 the court banned the two-finger test on rape survivors as it violated the Right to Privacy. The court asked the government to facilitate better procedures to confirm sexual assault.
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