The Supreme Court once again banned the two-finger test

The Supreme Court expressed deep displeasure over the two-finger test being conducted to confirm the rape of rape victims. The Supreme Court, while hearing a case, has said that the two-finger test is like raping again for rape victims. The court noted that whoever conducts a two-finger test in rape cases will be guilty of misconduct. Along with this, the Supreme Court also issued instructions to remove this test from studies in medical colleges.

What is the two-finger test?

• 'Two-finger' test is done to know whether the victims of sexual harassment and rape are sexually active or not?
• Under this process, medical professionals check whether the woman's hymen is damaged so that it can be ascertained whether the woman was raped or had consensual intercourse.
• During the test, the virginity test is done by inserting one or two fingers in the victim's private part. The test's purpose is to know whether physical relations were made with the woman. If both fingers move easily in the private part, then the woman is considered to be sexually active, and this is also considered proof of the woman being a virgin or not a virgin.

Two finger test is based on patriarchal thinking:

• The Supreme Court has said that the two-finger test is based on the patriarchal thinking that a sexually active woman cannot be raped. Suppose a woman is married and sexually involved with her husband; then, when the two-finger test is done on such a woman, she will fail this test.
• Based on this test, it is not wrong to say that a sexually active woman cannot be raped. In such a situation, the accused of raping will never be able to reach behind the jail.
• Supreme Court Justice DY Chandrachud expressed displeasure that the two-finger test is irrelevant to evidence of the victim's sexually active past data. Women's genital examination attacks their dignity and violates their right to privacy. It cannot be said that a sexually active woman never be raped.
• In 2013, the Supreme Court had clearly stated in the Criminal Law Amendment Act that the evidence of the victim's character or her past sexual experience with any person has nothing to do with the case. The Ministry of Health and Family Welfare issued guidelines on 19 March 2014 for health providers in cases of sexual violence, in which the 'two fingers' test was banned. But it was not followed by many states.

Two-finger test against the dignity of women:

• While giving this order, the Supreme Court called this unfair practice against the dignity of women. Justice D.Y. Chandrachud said that it is an unfortunate and, at the same time, a brutal process that the 'two-finger test' practice for screening rape victims is still prevalent in our society.
• The Supreme Court directed officials of the central and state governments to ask state directors general of police and health secretaries to ensure that the 'two-finger' test no longer takes place.
• Justice D.Y. Chandrachud and Justice Hima Kohli's bench overturned the decision of the Jharkhand High Court. A person named Shailendra Kumar Rai alias Pandav Rai, convicted of rape and murder, was acquitted on the petition of the Jharkhand government. This bench said that in 2013 itself, in a decision of the Supreme Court, this test had been termed as a violation of the dignity and privacy of the woman.
• in the name of the test, such a practice was started by the victim of cruelty, which used to shake the victim again from the inside. It would not be wrong to say that the two-finger test is like raping a rape victim again because this test is something like that.

Scientific Basis of Two-Finger Test:

• The Supreme Court has expressed strong displeasure over the 'two-finger' test related to rape victims, saying it has no scientific basis. This re-victimizes the victims of sexual assault and is an affront to their dignity.
• The Supreme Court said it is patriarchal and sexist to say that a woman cannot be believed to have been raped just because she is sexually active. It was said that a sexually active woman will always fail this test for her misdeeds.

The Supreme Court said the person conducting the two-finger test in rape cases would be guilty of misconduct. Along with this, the court also issued instructions to remove this test from the study material in medical colleges.

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