Saturday, September 30, 2023

Supreme Court prohibits use of the Two-Finger Test in rape cases

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The Supreme Court has today prohibited the use of the Two-Finger Test in rape cases. It has also warned that the people who conduct such tests will be held guilty of misconduct.

The Supreme Court said that it is regrettable that a test such like two-finger test continues to be conducted even today after so much of progress and development.

A bench comprising of Justice DY Chandrachud and Justice Hima Kohli lamented while restoring the conviction in a rape case.

The Court said it is very unfortunate that the court has to time and again deprecate the use of two finger test in cases alleging rape and sexual assault.

The Court said that this so called test has no scientific basis, on the contrary it instead re-victimises and re-traumatises women ad thus this two finger test must not be conducted.

The bench while giving judgement observed that the test is based on an incorrect assumption that a sexually active woman cannot be raped. Nothing can be further from the truth.

The bench said that the probative value of a woman’s testimony is not dependent on her sexual history. Court said it is both patriarchal and sexist to suggest that a woman cannot be believed when she states that she was raped merely because she is sexually active.

The bench directed the Union Health Ministry to ensure that survivors of sexual assault and rape are not subject to two finger test.

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