SC says two-finger test must not be conducted, those doing it will be held guilty of misconduct

mangaloretoday.com

New Delhi, Oct 31, 2022: Expressing strong displeasure over the two-finger test still being conducted on victims of sexual assault, the Supreme Court Monday directed that those who conduct the test will be held guilty of misconduct.

 

Restoring the conviction of an accused in a rape case, a bench of Justices D Y Chandrachud and Hima Kohli said the test has “no scientific basis” and “only re-victimises and re-traumatises women” and it “must not be conducted”.

“This court has time and again deprecated the use of two finger test in cases alleging rape and sexual assault…The test is based on an incorrect assumption that a sexually active woman cannot be raped. Nothing can be further from the truth,” said the apex court in its judgement which came on an appeal against a high court order in the case.

The Supreme Court said, “The probative value of a woman’s testimony does not depend on her sexual history. 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 bench asked the Union Ministry of Health and Family Welfare to ensure that survivors of rape or sexual assault are not put through the test. It also directed that the ministry’s guidelines against the test be circulated widely to create awareness.

Courtesy: Indian Express