SC expressed concern about the two-fingers test stating that it is “regrettable” that it (two-finger test) is still continued today
New Delhi: The Supreme Court on Monday expressed concern about the ‘two-fingers test’ on rape survivors. SC prohibited the two-finger test and said that anyone conducting such tests on the victims shall be held guilty of misconduct. The court noted that the test re-traumatizes the victims.
The order came from a bench of justices DY Chandrachud and Hima Kohli, who restored the conviction of an accused. The court in its judgment said that the evidence of a victim’s sexual history is not material to the case. The bench further expressed concern about the two-fingers test stating that it is “regrettable” that it (two-finger test) is still continued today.
The top court further remarked that any such test is based on an incorrect assumption that a sexually active woman cannot be raped.
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Justice DY Chandrachud said, “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.”
He said, “This court has time and again deprecated the use of two-finger tests in cases alleging rape and sexual assault. The so-called test has no scientific basis and is an invasive method of examining rape survivors…It instead re-victimizes and re-traumatizes women. The two-finger test must not be conducted.”
He added, “The test is based on an incorrect assumption that a sexually active woman cannot be raped. Nothing can be further from the truth.”
Court highlighted that 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,” said the bench.
In 2013, the apex court asked the government to replace it. It had said, “Undoubtedly, the two-finger test and its interpretation violates the right of rape survivors to privacy, physical and mental integrity, and dignity. Thus, this test, even if the report is affirmative, cannot ipso facto, be given rise to a presumption of consent.”
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