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Why Did The Supreme Court Call The ‘Two-Finger Test’ Outdated?

Trigger warning: sexual violence

A lot of furrore over two finger test is taking steam with the Supreme Court categorically stating conducting the ‘ two- finger test ‘ on alleged rape victims will be held guilty of misconduct. Based on the assumption that a sexually active woman cannot be raped and assaulted nothing could be far from the truth- a woman’s sexual history is wholly immaterial while adjudicating whether the accused raped her the court said on record. Carried by a medical practitioner this test involves the examination of a woman’s vagina to ascertain if she has been habituated to sexual intercourse. This practice is totally and completely unscientific not providing a definite and concrete information without having any bearing on allegations and accusations of rape. A handbook released by WHO has questioned the scientific validity of this testing at the very instance. Patriarchal and sexist in nature which she should be prohibited by the state bringing in effective policy and legislation to check its misuse violating the dignity and respect of the woman in question. In April this year, the Madras High Court directed the state to ban the two finger test. Bench of Justices R Subramanian and N Sathish Kumar observed despite SC’s 2013 guidelines this test was being carried on the minors against the consent of victim even if she is mentally crippled, challenged or disabled

Source: The Indian Express ‘ Two- Finger Test’ of Sexual Assualt Victims: What SC said, past attempts to stop it, dated November 01, 2022

Featured image is for representational purposes only. Photo credit: Flickr.
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