Supreme Court of India
New Delhi: A person who is found conducting two-finger test on a victim in rape or penetrative sexual assault cases will be guilty of misconduct as it “re-victimises and re-traumatises women,” the Supreme Court said on Monday.
While hearing a matter, the division bench of Justices DY Chandrachud and Hima Kohli expressed displeasure that such tests were being conducted even today, Bar and Bench reported.
“Evidence of a victim’s sexual history not material to case. It is regrettable that it continues to be conducted even today… The so called test has no scientific basis…it instead re-victimises and re-traumatises women,” the top court stated.
“The test is based on an incorrect assumption that a sexually active woman cannot be raped … It is patriarchal and sexist to suggest that a woman cannot be believed when she states that she was raped merely because she is sexually active,” the court judgment said.
The Bench of the top court ordered that any person conducting such a test will be guilty of misconduct.
It further directed the Ministry of Health to ensure that survivors of rape and penetrative sexual assault are not subjected to two-finger test.
(With inputs from agencies)
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