Supreme Court ban on two-finger test, questions raised on methods of investigation of rape of victims
The Supreme Court on Monday banned the 'two-finger test' in rape cases. The court warned that the persons performing such tests would be held guilty. A bench headed by Justice Chandrachud, while delivering the verdict, condemned the use of the 'two-finger test' in rape and sexual assault cases. Justice Chandrachud, while pronouncing the verdict, said that there is no scientific basis for this test. It is not significant as evidence of sexual assault with the victim. It is regrettable that this test is still being done today.
The court said that such a test is tantamount to torturing the victim again. The Supreme Court reversed the High Court's acquittal order and sentenced the man to life imprisonment in the rape-murder case which was pending trial. In fact, in 2013 itself, the Supreme Court declared the two-finger test unconstitutional and said that the test should not be done.
What was the Supreme Court's decision on this?
In the case of Lilu Rajesh v State of Haryana (2013), the Supreme Court held the two-finger test to be unconstitutional. The court had termed it as a violation of the privacy and dignity of the rape victim. The court had said that it is a test causing physical and mental injury. Even if this test comes positive, then it cannot be considered that the relationship is made by consent.
The committee was formed after the gang rape of December 2012.
The Justice Verma Committee was formed after the gang rape of 16 December 2012. It said in its 657-page report that the two-finger test measures the flexibility of the vaginal muscles. This shows whether the woman was sexually active or not. In this, it is not understood whether the relationship was made with his consent or vice versa. Because of this, it should be closed.
Despite the ban, the test continued
However, even after the Supreme Court ban, this embarrassing two-finger test continues to happen. In 2019 itself, about 1500 rape victims and their families complained in court. It was said that despite the order of the Supreme Court, this test is being done. In the petition, there was a demand to cancel the license of the doctors who performed the test.