The Supreme Court and the World Health Organisation have recently shed light on regressive laws pertaining to rape victims, especially concerning the discredited ‘two-finger test’. This article seeks to explore the discussions and developments around the matter, focusing on rulings by the Supreme Court, guidelines by the government, and proposed ways forward.
The Two-Finger Test and its Limitations
Primarily, the two-finger test is a controversial practice where a medical practitioner examines a woman’s vagina to infer if she is habituated to sexual intercourse. However, this method has been criticised as unscientific and irrelevant to the verification of rape allegations. The World Health Organization (WHO), in its handbook addressing sexual assault victims, categorically states that virginity or two-finger testing lacks scientific validity with no place in determining whether a sexual assault has occurred.
Supreme Court’s Stance on the Two-Finger Test
The Supreme Court, way back in 2004, held that a woman’s habitual sexual activity had no bearing on a rape case under Section 375 (rape) of the Indian Penal Code. Furthermore, the court emphasised that considering a woman’s sexual activity would lean towards a patriarchal and sexist mentality, potentially undermining her credibility when reporting a rape incident.
In 2013, the apex court declared that the two-finger test violates a woman’s right to privacy, calling for improved medical procedures when confirming sexual assault. The International Covenant on Economic, Social, and Cultural Rights 1966 and the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power 1985 were invoked, asserting that rape survivors deserve dignified legal recourse without further psychologically or physical harm. By April 2022, the Madras High Court instructed the state to ban the two-finger test completely.
Government Guidelines on the Two-Finger Test
After the 2013 Justice Verma Committee report, which called for rapid trials and enhanced penalties in sexual assault cases, the Union Health Ministry issued comprehensive guidelines for the medical examination of sexual assault victims in 2014. These guidelines unequivocally state that the two-finger test should not be used to establish rape or sexual violence, and consent is mandatory for any medical examination. If consent is not granted, the victim must still be given medical treatment. Despite their importance, these guidelines are not legally enforceable.
Proposed Changes
Towards eliminating the controversial two-finger test, it is recommended that the guidelines by the Ministry of Health and Family Welfare be disseminated widely to both private and government hospitals. Additionally, it would be beneficial to hold workshops for healthcare providers to prevent the execution of this test on rape survivors. A broader approach to address the issue could feature large-scale sensitization and training for doctors and police personnel alike.
Indeed, the increasing instances of sexual violence against women in our country are alarming. It’s therefore essential to implement innovative measures to curb this menace, rooted in comprehensive legal provisions, sensitive and scientifically valid medical procedures, and a firm commitment to upholding the rights and dignity of each victim.