New Delhi: The Supreme Court on Monday criticized the “two-finger” test to determine rape and sexual assault and warned that people who take such tests would be convicted of misconduct.
A bench of Justices DY Chandrachud and Hima Kohli said that it is unfortunate that this trial is continuing till date.
bench saw: “This Court has repeatedly condemned the use of the two-finger test in cases alleging rape and sexual assault. It is a pity that it is still being conducted today. There is no scientific basis for the so-called test. Instead it re-victimizes and re-traumatizes women. Two fingers should not be tested… The test is based on a false belief that a sexually active woman cannot be raped. Some of the truth Can’t even get away.”
The bench observed: “The potential 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 says she was raped simply because she is sexually active. ,
The bench directed the governments, the Center and the states to ensure that the guidelines of the Department of Health and Family Welfare (which prescribes the two-finger test) are circulated to all government and private hospitals.
The bench also directed that workshops be conducted for health providers to establish proper procedure while examining survivors of sexual assault.
It also said that the medical curriculum should be reviewed to exclude the two-finger test while examining the victims of the attack.
The bench passed the order while restoring the conviction against one of the accused in the sexual harassment case.
The Supreme Court in 2013 held the two-finger test to be unconstitutional and banned its practice.
The test, also called a “virginity test”, and in medical terms “per-vaginal examination” is intended to measure sexual assault, to check for the presence or absence of the hymen and whether the vaginal muscles were loose.
Social advocates have deemed the test unscientific because the hymen can rupture for a number of reasons other than sexual intercourse.
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