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'Patriarchal Mindset': Supreme Court Reiterates Ban On Two-Finger Test In Rape Cases
Writer: Ronit Kumar Singh
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India, 31 Oct 2022 12:26 PM GMT
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Creatives : Ronit Kumar Singh
A confident and reliable journalist who always desires to toss the unheard voices. I cover politics and governance extensively through stories.
The supreme court, expressing strong displeasure, reiterated the ban on the ‘two-finger test’ in rape cases and informed that those doing such tests would be held guilty of misconduct.
Expressing strong displeasure, the supreme court (SC) on Monday (October 31) reiterated the ban on two-finger tests in rape cases and warned that people conducting such tests would be held guilty of misconduct. Being unscientific, the two-finger test is also an intrusive examination of the human body that determines the 'virginity' of a person through the regressive procedure.
Regrettably, such practices still exist, a bench of Justice DY Chandrachud and Hima Kohli mentioned while announcing the judgment of a murder-rape case. They said, "Evidence of a victim's sexual history is not material to the case. It is regrettable that it continues to be conducted even today," News18 reported.
The SC warned that persons practicing such tests in rape cases would be held guilty of misconduct and ordered its removal from study material in medical colleges, mentioning that invasive and unscientific method of examining rape survivors retraumatises them again.
Know What Is Two-Finger Test
The apex court reiterated the ban while announcing the judgment for a man charged in a rape-murder case. In the words of SC, the test violates the privacy and dignity of a rape survivor, is in contravention of the constitution, and reflects a patriarchal mindset.
Being an unscientific method, the two-finger test involves inserting two fingers into a vagina to examine the muscles' laxity, thereby determining a woman's virginity status. According to the World Health Organisation (WHO), the two-finger test can't prove whether a woman had vaginal intercourse or not.
Why The Test Is Problematic?
Most people also find it problematic because it's an unscientific method. According to experts, the hymen can also rupture for numerous reasons- playing sports, using tampons, or riding a bicycle. It also re-traumatises and re-victimises the rape survivor who has gone through a difficult situation.
The order to ban the two-finger test was given after the 2012 Nirbhaya gang rape and murder case. According to the reports, The Criminal Laws (Amendment) Act 2013 made the two-finger test illegal. The SC has reiterated the ban and directed the Union Health Ministry to ensure that rape survivors are not subjected to such tests.
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