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LATEST NEWS UPDATES | Supreme Court bans two-finger test on rape victims

Supreme Court bans two-finger test on rape victims

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published Published on Nov 1, 2022   modified Modified on Nov 1, 2022

-The Telegraph

Bench condemns the practice as ‘regressive’ and ‘invasive’

New Delhi: The Supreme Court on Monday banned the decades-old “two-finger” test on rape survivors and said anyone violating the directive would be held guilty of misconduct.

The two-finger test is conducted on victims of sexual assault and rape to determine whether they are habituated to sexual intercourse.

Condemning the practice as “regressive” and “invasive”, a bench of Justice D.Y. Chandrachud and Justice Hima Kohli said: “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 bench also issued a slew of directions to the Centre and states for compliance of its orders.

The apex court made the remarks in a judgment on a plea of the Jharkhand government in which it challenged the acquittal of one Shailendra Kumar Rai alias Pandav Rai in a rape and murder case. Shailendra had allegedly raped and killed a teenager in Deoghar by setting her ablaze.

“We direct the Union government as well as the state governments to (a) ensure that the guidelines formulated by the ministry of health and family welfare are circulated to all government and private hospitals;

“(b) Conduct workshops for health providers to communicate the appropriate procedure to be adopted while examining survivors of sexual assault and rape; and

“(c) Review the curriculum in medical schools with a view to ensuring that the ‘two-finger test’ or per vaginum examination is not prescribed as one of the procedures to be adopted while examining survivors of sexual assault and rape,” Justice Chandrachud, who authored the judgment, said.

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The Telegraph, 1 November, 2022, https://www.telegraphindia.com/india/supreme-court-bans-two-finger-test-on-rape-victims/cid/1895365


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