- Sunday, November 24, 2024
By: Shubham Ghosh
The Supreme Court of India on Monday (31) heavily came down on two-finger test in cases of rape and sexual assault and asked the Narendra Modi government to ensure that the practice is discontinued.
The apex court said the practice is unscientific in ascertaining women’s sexual history and leaves them under more trauma. It ruled that any individual conducting such a test on a survivor will be held guilty of misconduct.
“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 top court said.
A bench comprising Justice DY Chandrachud and Justice Hima Kohli made the observations. It overturned a ruling made by Jharkhand High Court acquitting a rape-and-murder convict, and upheld a decision of a trial court that held him guilty.
The Supreme Court also asked both the central government and states to review curricula in all government and medical colleges and get the study materials on two-finger test removed.
It also asked the health ministry to hold workshops for health-service providers in all the states to communicate the appropriate procedure for examining sexual-assault survivors.
The top court had also held in 2013 that the two-finger test violated women’s dignity and privacy.
The test, which is also called virginity test, is aimed at examining the laxity of a woman’s vaginal muscles to ascertain whether she is sexually active or not. Rape survivors have been made to undergo this test to “confirm” whether the allegations were true.
The test is performed by a doctor who inserts two fingers into the survivor’s vaginal canal. It is also done to check whether the woman’s hymen is intact.
The test has often been called disrespectful and causes the survivor more trauma and shame.
