Banned two-finger rest; says it’s based on patriarchal mindset that sexually active women can’t be raped: Supreme Court

On Monday, the Supreme Court warned the persons for conducting “Two-Finger Test” in rape cases and stated that such tests will be held guilty of misconduct.
The bench comprising of Justice DY Chandrachud and Justice Hima Kohli lamented while restoring the conviction in a rape case that it is being regrettable that “two-finger test” continues to be conducted even today.
While dictating the judgement, the bench observed that this court has time and again deprecated the use of two finger test in cases alleging rape and sexual assault. There is no scientific basis on such so-called test. In steading the re-victimises and re-traumatises women. The said test is based on an incorrect assumption that a sexually active woman cannot be raped, the two-finger test must not be conducted and nothing can be further from the truth.
The bench added that the probative value of a woman’s testimony does not depend on her sexual history. It is sexist and patriarchal to suggest that a woman cannot be believed when she states that she was raped merely because she is sexually active.
It has been directed by the bench to the Union Health Ministry to ensure that survivors of sexual assault and rape are not subject to two finger tests.
The bench has also directed the State Government and the Union Government for ensuring the guidelines formulated by the Department of Health and Family Welfare (proscribes two finger test) are circulated to all Govt and private hospitals.
Further, it has been directed by the bench for conducting workshops for health providers to communicate appropriate procedure examining survivor of sexual assault.
The bench also directed for reviewing curriculums in medical schools so that the two finger test is not prescribed as one of the procedures to be adopted while examining survivors of sexual assault and rape.

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