Trigger warning: sexual violence
What Is The Two Finger Test?
The two finger test is a physical examination of a woman which apparently figures out the laxity of the vaginal muscles and has been used to determine whether a woman is sexually active or not and whether the hymen is present or not.
So, according to this test, if two fingers slide easily into a vagina, a woman is presumed to be sexually active. But, on the other hand, if the fingers don’t slide in, then the test assures that the woman’s virginity is still intact and she is a virgin.
The worst part is this test has been used on rape survivors to determine whether the survivor was involved in sexual intercourse. How was this not a violation of a woman’s dignity and even her privacy? How is this still practised in today’s time? Will he stop at nothing before striping a woman of her dignity?
On October 17th 2018, WHO banned two-finger tests claiming it was a “medically unnecessary, often painful, humiliating and traumatic practice [that] must end.” They took this step to stop violence against women. As per WHO, this test can not prove whether a woman has intercourse.
History Of The Two Finger Tests
For decades, the two-finger tests have been the only way rape was confirmed and performed on women without their consent as a procedure. This test is not only regressive and horrific.
Still, it is also majorly based on the deep-rooted misogyny where a sexually active woman is ‘bad’ while a virgin woman is well who’s wanted. This test used to be legal in India but was banned in 2013 by the Supreme Court on the grounds of violating the survivor’s privacy.
The Supreme Court Ruling On Two Finger Tests As Of Today (October 31st, 2022)
A judgement by Justice DY Chandrachud said, “Any person who conducts the two-finger test in sexual assault cases shall be guilty of misconduct,” the Supreme Court ordered. The court also said that any person guilty of performing this test would be prosecuted.
The logic used behind the test was that “a woman cannot be believed when she said she was raped merely for the reason that she was sexually active”, the court said.
“In terms of Section 53A, the evidence of a victim’s character or her previous sexual experience with any person shall not be relevant to the issued consent or the quality of consent in the prosecution of sexual offences,” the court held.
Why Was It Necessary To Put An End To This Test?
This is one of the most significant decisions the honourable Supreme Court has taken and it makes me happy. Although it was banned in 2013, the tests never adequately stopped. Now that conducting the two-finger test has serious repercussions, it should end.
This test is not just an invasion of privacy and disrespectful, but it is also scary for the women who’ve undergone it without consent.