Editor's Pick: SC puts an end to ‘two-finger’ test on rape survivors

The Supreme Court on Monday delivered much-needed, strong statements against the invasive “two-finger” or “three-finger” vaginal test on sexual assault survivors, saying that people conducting these will be held guilty of misconduct. “This so-called test has no scientific basis and neither proves nor disproves allegations of rape. It instead re-victimises and re-traumatises women who may have been sexually assaulted, and is an affront to their dignity. The ‘two-finger’ test or pre-vaginum test must not be conducted,” the Bench directed. The Bench led by Justice D.Y. Chandrachud said that the “regressive” test on traumatised sexual assault survivors is used to see whether the woman or girl was “habituated” to sexual intercourse. “Previous sexual experience is immaterial to the question of conduct,” he said. In 2013 too, the Supreme Court had said that the test violates the survivor’s right to privacy, and had asked the government to provide better medical procedures to confirm sexual assault. “Undoubtedly, the two-finger test and its interpretation violate the right of rape survivors to privacy, physical and mental integrity and dignity. Thus, this test, even if the report is affirmative, cannot ipso facto, be given rise to the presumption of consent,” the bench had said. In 2016, the 25th edition of MODI A Textbook of Medical Jurisprudence and Toxicology — first published in 1920 by Dr. Jaising Modi, a professor of medical jurisprudence in Agra – dropped the mention of the “two-finger test”. The book had previously prescribed it as “must” for rape cases. The book is considered the Bible of forensic medicine by doctors and criminal lawyers. In 2019, around 1,500 survivors of rape and their families submitted a letter to the Supreme Court demanding cancellation of licences of medical practitioners still conducting the “humiliating two-finger test” despite a Supreme Court ban. Justice Chandrachud’s Bench also noted that guidelines for health providers in cases of sexual violence, issued by the Ministry of Health and Family Welfare, have proscribed the two-finger test. The court also ordered that the guidelines be circulated to private and government hospitals. Was this newsletter forwarded to you? Head over to our newsletter subscription page to sign up for Editor‘s Pick and more. Click here. The Hindu’s Editorials The gun and the pen: On the conclave of State Home Ministers The burden of tragedy: On the Morbi bridge tragedy in Gujarat The Hindu’s Daily News Quiz Who top-scored with 68 for India during the T20 World Cup match against South Africa in Perth? Hardik Pandya Virat Kohli Dinesh Karthik Suryakumar Yadav To know the answer and to take the quiz, click here. [logo] Editor's Pick 01 NOVEMBER 2022 [The Hindu logo] In the Editor's Pick newsletter, The Hindu explains why a story was important enough to be carried on the front page of today's edition of our newspaper. [Arrow]( [Open in browser]( [Mail icon]( [More newsletters]( SC puts an end to ‘two-finger’ test on rape survivors The Supreme Court on Monday delivered much-needed, strong statements against the invasive “two-finger” or “three-finger” vaginal test on sexual assault survivors, saying that people conducting these will be held guilty of misconduct. “This so-called test has no scientific basis and neither proves nor disproves allegations of rape. It instead re-victimises and re-traumatises women who may have been sexually assaulted, and is an affront to their dignity. The ‘two-finger’ test or pre-vaginum test must not be conducted,” the Bench directed. The Bench led by Justice D.Y. Chandrachud said that the “regressive” test on traumatised sexual assault survivors is used to see whether the woman or girl was “habituated” to sexual intercourse. “Previous sexual experience is immaterial to the question of conduct,” he said. In 2013 too, the Supreme Court had said that the test [violates the survivor’s right to privacy]( and had asked the government to provide better medical procedures to confirm sexual assault. “Undoubtedly, the two-finger test and its interpretation violate the right of rape survivors to privacy, physical and mental integrity and dignity. Thus, this test, even if the report is affirmative, cannot ipso facto, be given rise to the presumption of consent,” the bench had said. In 2016, the 25th edition of MODI A Textbook of Medical Jurisprudence and Toxicology — first published in 1920 by Dr. Jaising Modi, a professor of medical jurisprudence in Agra – [dropped the mention of the “two-finger test”](. The book had previously prescribed it as “must” for rape cases. The book is considered the Bible of forensic medicine by doctors and criminal lawyers. In 2019, around 1,500 survivors of rape and their families [submitted a letter to the Supreme Court]( demanding cancellation of licences of medical practitioners still conducting the “humiliating two-finger test” despite a Supreme Court ban. Justice Chandrachud’s Bench also noted that guidelines for health providers in cases of sexual violence, issued by the Ministry of Health and Family Welfare, have proscribed the two-finger test. The court also ordered that the guidelines be circulated to private and government hospitals. Was this newsletter forwarded to you? Head over to our newsletter subscription page to sign up for Editor‘s Pick and more. [Click here.]( The Hindu’s Editorials [Arrow][The gun and the pen: On the conclave of State Home MinistersÂ]( [Arrow][The burden of tragedy: On the Morbi bridge tragedy in GujaratÂ]( The Hindu’s Daily News Quiz Who top-scored with 68 for India during the T20 World Cup match against South Africa in Perth? - Hardik Pandya - Virat Kohli - Dinesh Karthik - Suryakumar Yadav To know the answer and to take the quiz, [click here.]( Today’s Best Reads [[Analysis | How Lula made a comeback by beating a sitting President] Analysis | How Lula made a comeback by beating a sitting President]( [[Delhi Police search houses of The Wire editors] Delhi Police search houses of The Wire editors]( [[New potentially hazardous asteroid discovered] New potentially hazardous asteroid discovered]( [[Decentralise MGNREGS for better implementation, says study] Decentralise MGNREGS for better implementation, says study]( Copyright @ 2022, THG PUBLISHING PVT LTD. 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