New Delhi, Oct 31(LAB) The Supreme Court today prohibited the use of the Two-Finger Test in rape cases. It has also warned that the people who conduct such tests will be held guilty of misconduct.
A bench comprising of Justice DY Chandrachud and Justice Hima Kohli while restoring the conviction in a rape case said that it is regrettable that a such test as the two-finger continues to be conducted even today after so much progress and development.
The Court said it is unfortunate that the court has to time and again deprecate the use of two-finger tests in cases alleging rape and sexual assault.
The Court said that this so-called test has no scientific basis, on the contrary, it re-victimises and re-traumatises women ad thus this two-finger test must not be conducted.
The bench while giving judgement observed that the test is based on an incorrect assumption that a sexually active woman cannot be raped. Nothing can be further from the truth.
The bench said that the probative value of a woman’s testimony is not dependent on her sexual history. The court said it is both 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 directed the Union Health Ministry to ensure that survivors of sexual assault and rape are not subject to two-finger test in the future./ LAB/SNG