The Supreme Court on Monday, October 31 imposed a ban on the ‘two-finger test’ in rape cases and further warned that persons found conducting the test to be held guilty of misconduct.
The apex court has asked the Union Government to ensure that the ban on the test is enforced.
While making an observation on a decision made by the Jharkhand High Court, the apex court overturning the High Court’s decision said that it is regrettable that the ‘two-finger test’ continues to be conducted even today. The SC bench comprised of Justice DY Chandrachud and Hima Kohli made the remarks while restoring the conviction in a rape case.
A decade-long ruling from the highest court found that infringing on the 'two-finger test' was a violation of a woman's dignity and privacy.
"This court has repeatedly advised against using the two-finger test in cases of alleged rape and sexual assault. This so-called test has no scientific basis. Instead, it re-victimises and re-traumatises women and hinder their dignity. Two-finger test is not recommended... The test is based on a false assumption that a woman who has sex cannot be raped. Nothing can be further from the fact, " quoted the SC bench.
The higher court issued a series of directives to the Centre and state government agencies, asking DGPs and state health secretaries to ensure that 'two finger test' is not done.
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