Test has been criticised for violating the privacy and dignity of women
From Our Special Correspondent
NEW DELHI, May 18: In a major embarrassment to Meghalaya, the Supreme Court has castigated the state machinery for conducting “two-finger test” on an earlier rape victim who was a minor even though the apex court had banned the same in 2013.
The apex court also directed the state to ensure a complete ban on the practice which is neither scientific nor allowed by the law. During a recent hearing, the court expressed its disappointment that the test is still being used in rape cases despite its prohibition.
The “two-finger test” involves inserting two fingers into the vagina of a rape victim to determine if she is sexually active. The test has been criticised for violating the privacy and dignity of women and is considered scientifically baseless. The test assumes that the presence or absence of a hymen indicates a woman’s sexual activity, a notion widely discredited by medical science.
The top court initially banned the “two-finger test” in 2013, recognizing it as a violation of a woman’s right to privacy and a form of mental and physical torture. Despite the ban, states continued the practice, prompting the Ministry of Health to issue guidelines in 2014 declaring the test illegal.
In 2022 a bench of Justice DY Chandrachud and Justice Hima Kohli condemned and reiterated the ban on such tests, stating that it has always been criticised and lacks any scientific basis. He reiterated that the presence of a hymen is not an indicator of virginity and that such tests are wholly inappropriate.
On May 7, Justices Ravikumar and Rajesh Bindal were hearing a special leave petition filed by the accused during which the high court had upheld conviction of an individual of charges under the POCSO Act. The court has mandated forensic examinations for rape victims, which must be conducted with their consent.