New Delhi, Oct 31: The Supreme Court on Monday expressed concern about the 'two-fingers test' on the rape survivors and said that anyone conducting such tests on the victims shall be held guilty of misconduct.
The order came from a bench of justices DY Chandrachud and Hima Kohli, who restored the conviction of an accused. The court in its judgment said that the evidence of a victim's sexual history is not material to the case. The bench further expressed concern about the two-fingers test stating that it is "regrettable" that it (two-finger test) is still continued today.
The top court further remarked that any such test is based on an incorrect assumption that a sexually active woman cannot be raped. More details are awaited.
What is 'Two-Finger Test'?
A 'two-finger test' is an explicitly intrusive physical examination wherein a doctor inserts two fingers inside the vagina of a rape survivor to check if the hymen is intact or not. It examines the laxity of vaginal muscles in order to determine if the woman has engaged in or has been subjected to sexual intercourse; a proof of virginity. In some cases, it is done by inspecting the size of a vaginal opening and for tears in the hymen.
However, in May 2013, the two-finger test was banned in India to be conducted on rape victims on the grounds of violation of their right to privacy.