Home » News » India » SC Orders Ban on 'Two-finger Test' in Rape Cases, Slams 'Invasive Method' of Examining Survivors
1-MIN READ

SC Orders Ban on 'Two-finger Test' in Rape Cases, Slams 'Invasive Method' of Examining Survivors

By: News Desk

Edited By: Nayanika Sengupta

News18.com

Last Updated: October 31, 2022, 11:42 IST

New Delhi, India

File photo of the Supreme Court of India.

File photo of the Supreme Court of India.

Supreme Court on Monday ordered a ban on "two-finger test" in rape cases and warned that persons conducting such tests will be held guilty of misconduct

The Supreme Court on Monday ordered a ban on “two-finger test" in rape cases and warned that persons conducting such tests will be held guilty of misconduct. The two-finger test is an unscientific and intrusive physical examination that involves the insertion of two fingers into a woman’s vagina to measure the laxity of vaginal muscles, thereby determining her ‘virginity’.

While delivering judgement restoring a conviction in a rape-murder case, Justice Chandrachud on Monday said, “Evidence of a victim’s sexual history not material to case. It is regrettable that it continues to be conducted even today".

Supreme Court warned that persons conducting the test in rape cases will be held guilty of misconduct and ordered removal of two-finger test from study materials in medical colleges saying the “unscientific invasive method of examining rape survivor retraumatises sexually assaulted woman".

The apex court overturned the acquittal order of a High Court and sentenced the man to life imprisonment in the rape-murder case that was being heard.

The Supreme Court had deemed the practice unconstitutional in 2013 and held that the test should not be performed.

The two-finger test is an unscientific and regressive procedure that involves the insertion of two fingers into a person’s vagina to gauge the laxity of vaginal muscles, thereby determining her ‘virginity’. It is based on the patriarchal assumption that a woman who is sexually active is less likely to have been sexually assaulted; several judgments and research have shown that a person’s sexual history have no bearing on sexual assault.

Read all the Latest India News here

first published:October 31, 2022, 11:07 IST
last updated:October 31, 2022, 11:42 IST
Read More