In a landmark ruling on Monday, the Supreme Court banned the “Two Finger Test” performed on sexual assault victims and warned that those who indulge in such tests will be found guilty of misconduct. The Supreme Court has ordered the removal of the two-finger test from medical school curriculum, saying the unscientific invasive method of examining a rape survivor re-traumatizes a sexually assaulted woman.
The Supreme Court declared the practice unconstitutional in 2013 and ruled that the test should not be conducted. Reviving the conviction in the rape case, a bench comprising Justices DY Chandrachud and Hima Kohli said it was unfortunate that the “two finger test” continued even today. The Supreme Court overturned the acquittal order of the High Court and sentenced the man to life imprisonment in the rape case. Justice DY Chandrachud, who is slated to become the next Chief Justice of India, said while hearing the case: “The probative value of a woman’s testimony does not depend on her sexual history. It is patriarchal and sexist to suggest that a female cannot be considered when she claims she was raped simply because she is sexually active. In 2013, the SC ruled that the two-finger test was an unscientific and regressive procedure that involves inserting two fingers into a woman’s vagina to detect the laxity of the vaginal muscles, thereby determining her “virginity”. It is based on the 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 has no effect on sexual assault.
