New Delhi: Traumatized rape victims will no more be physically and mentally harassed in the name of ‘two-finger test’. The Supreme Court on October 31 declared that any person conducting ‘two-finger invasive vaginal test on rape assault victims will be considered guilty of misconduct. A bench of the SC termed this practice as ‘regressive’ and ‘invasive’.
Usually police investigation resorted to the ‘two-finger’ test on victims of sexually assault and rape to ascertain whether they were habitual to sexual intercourse or not. A bench of Justice D.Y. Chandrachud and Justice Hima Kohli condemned the practice. They pointed out that ‘The probative value of a woman’s testimony does not depend upon her sexual history. It is patriarchal and sexist to suggest that a woman cannot be believed when she states that she was raped, merely for the reason that she is sexually active.’
The apex court also directed the Centre and State Governments to comply to its order regarding this regressive test conducted on victims of sexual harassment. The Supreme Court had came up with this remark on ‘two-finger test’ while passing the judgement on a plea of Jharkhand government in which the State government had challenged the acquital of an accused in a rape and murder case. The accused Shailendra Rai had raped and burnt alive a teenager girl.
The ‘two-finger test’, which involves intrusion of fingers into the victim’s private parts has no scientific basis. It does not prove or disprove the allegation of rape.