Two-finger Test Banned By Supreme Court, Guilty To Be Prosecuted

Two-finger or three finger vaginal test on sexually assaulted rape victims has been in practice since long. Now onwards anyone who is conducting the the test shall be guilty of misconduct.

The Hon’ble Court observed that, “Any person who performs the two finger test will be guilty of misconduct. Two finger test is patriarchal, suggests that women who are habitual to sexual intercourse cannot be raped”.

The Apex Court observed that Section 53 A was introduced in Indian Evidence Act, 1872 where the legislature made it clear that, “…where the question of consent is in issue, evidence of the character of the victim or of such person’s previous sexual experience with any person shall not be relevant on the issue of such consent or the quality of consent”. [READ RELEVANT SECTION BELOW]

Section 53A – Evidence of character or previous sexual experience not relevant in certain cases: n a prosecution for an offence under section 354, section 354A, section 354B, section 354C, section 354B, section 376, section 376A, section 376A, section2 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code or for attempt to commit any such offence, where the question of consent is in issue, evidence of the character of the victim or of such person’s previous sexual experience with any person shall not be relevant on the issue of such consent or the quality of consent. 

The Supreme Court directed the Central and State Governments to ensure guidelines related to sexually assaulted victims.

Justice D Y Chandrachud emphasized that, “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.”

A Bench of Justices Hima Kohli and DY Chandrachud fiercely underlined that, “This court has time and again deprecated the use of two finger test in cases alleging rape and sexual assault. The so-called test has no scientific basis and is an invasive method of examining rape survivors…It instead re-victimises and re-traumatises women. The two finger test must not be conducted.”- reported HT.

#BreakingNews

A division bench of Justices DY Chandrachud and Hima Kohli banned two finger test.

Those conducting any such “test” should be prosecuted #SupremeCourt

— Judges & Lawyers: Legal News Network (@JudgesLawyers) October 31, 2022