TWO FINGER TEST
1. Context
The Supreme Court has declared that any person conducting the invasive 'two-finger' or 'three-finger' vaginal test on rape or sexual assault survivors will be found guilty of misconduct.
2. Two Finger Test
A woman who has been sexually assaulted undergoes a medical examination for ascertaining her health and medical needs, collection of evidence, etc. The two-finger test, carried out by a medical practitioner, involves the examination of her vagina to check if she is habituated to sexual intercourse. The practice is unscientific and does not provide any definite information. Moreover, such 'information has no bearing on an allegation of rape.
A handbook released by the World Health Organisation (WHO) on dealing with sexual assault victims says, "There is no place for virginity (or 'two-finger') testing": it has no scientific validity".
3. What did the Verma Committee say on the Two-finger test?
- The committee under former Chief Justice JS Verma, formed soon after the 2012 Nirbhaya Gangrapecase had recommended tougher laws for such cases and a ban on the two-finger test.
- This test has no bearing on a case of sexual assault.
- based on this test observations/conclusions such as 'habituated to sexual intercourse should not be made and this is forbidden by law.
- Yet, the test continues to be conducted in India and other countries despite rape test kits being provided by the government to all medical institutions after the committee's recommendations.
4. What has Supreme Court said Previously?
Violation of privacy: In May 2013, the supreme court banned the two-finger test on rape victims because it violated their right to privacy.
Alternative procedures: The court asked the government to provide better medical procedures to confirm sexual assault.
Painful for Women: The test is medically unnecessary, often painful, humiliating, and a traumatic practice that must end.
5. What do Government guidelines say?
- In 2014, the Union health ministry released a document titled 'GUIDELINES& PROTOCOLS Medico-legal care for survivors/victims of sexual violence.
- The guidelines are clear about the two-finger test saying "per-vaginum examination commonly referred to by laypersons as 'two-finger test', must not be conducted for establishing rape/sexual violence and the size of the vaginal introitus has no bearing on a case of sexual violence. Per Vaginum examination can be done only in adult women when medically indicated."
- The guidelines state that a rape victim's consent (or her guardians, if she is a minor/mentally disabled) is necessary for any medical examination. Even if consent is not provided, the victim can not be denied medical treatment. However, these are guidelines and are not legally binding.
6. Criticism
- The two-finger test has no scientific basis and neither proves nor disproves allegations of rape.
- It instead re-victimizes and re-traumatizes women who may have been sexually assaulted and is an affront to their dignity.
- Section 375 (rape) of the IPC: Whether a woman is habituated to sexual intercourse or habitual to sexual intercourse is irrelevant for determining whether the ingredients of Section 375 (rape) of the IPC are present in a particular case.
7. Way ahead
- The Supreme court also ordered workshops to be held to communicate the appropriate procedure to determine sexual assault and rape.
- Supreme court also directed the government to review the curriculum in medical schools to ensure the practice is no longer used.
- Criminal Law (Amendment) Act 2013 amended the Evidence Act to insert a section 53A that the evidence of a victim's character or her previous sexual experience with any person shall not be relevant to the issue of consent or the quality of consent, in prosecutions of sexual offenses.
For Prelims & Mains
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For Prelims: World Health Organisation (WHO), Justice Verma Committee, Section 375 (rape) of the IPC
For Mains: 1. What is the Two-finger test? Explain why the Supreme court slams the two-finger test on rape and sexual assault victims?
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Source: The Indian Express
