LI Network
Published on: November 24, 2023 at 01:05 IST
Justices SS Sunder and Sunder Mohan emphasized this stance after encountering a Medico-Legal Examination report in a rape case where the Two-Finger Test had been employed.
The court expressed disappointment that despite directives from the Supreme Court and the High Court, doctors were still resorting to the controversial test.
The court remarked, ‘However, we notice regrettably that the two-finger test had been conducted in the instant case, though the Hon’ble Supreme Court and this Court in several cases have repeatedly held that such a test is neither acceptable nor desirable to ascertain whether the victim was subjected to sexual intercourse.
We take this opportunity to remind the doctors that if they conduct any test in contravention of the directions of the Hon’ble Supreme Court in the State of Jharkhand Vs. Shailender Kumar @ Pandav Rai, reported in (2022) 14 SCC 289, they shall be guilty of misconduct as held by the Hon’ble Supreme Court.’
In October 2022, the Supreme Court prohibited the ‘Two-Finger Test’ in rape cases, deeming persons conducting such tests guilty of misconduct.
The court emphasized that the test lacked scientific validity and further victimized and traumatized women.
The Union Health Ministry was directed to ensure that survivors of sexual assault are not subjected to this test. Additionally, the court directed workshops for health providers and curriculum reviews in medical schools to eliminate the prescription of the two-finger test for rape survivors.
The Madras High Court had earlier directed the State Government in April 2022 to prohibit the practice of two-finger tests on victims of sexual offenses by medical professionals.
The court asserted that the test violated the rights of rape survivors to privacy, physical and mental integrity, and dignity.
