Procedure a violation of a woman’s dignity and privacy, rules bench of justices D.Y. Chandrachud and Hima Kohli while overturning Jharkhand High Court’s acquittal of a convict
AMN / WEB DESK
In a major ruling that could change the historical trajectory of understanding rape convictions in the country, the Supreme Court of India today prohibited the ‘two-finger test’ in rape cases.
The top court also said that any person conducting such test will be considered guilty of misconduct.
While restoring conviction in a rape-murder case Justice Chandrachud, who is going to take over as the CJI on November 9 said, “Evidence of a victim’s sexual history not material to case. It is regrettable that it continues to be conducted even today.”
It ordered the removal of two-finger test from the study materials and medical books of the medical colleges as well. Rightly pointing out the trauma of going through such tests, Justice Chandrachud said that the “unscientific invasive method of examining rape survivor retraumatises sexually assaulted woman.”
Notably in 2013, the top court had termed the method unconstitutional. However, the practice went on without much deterrence.
The SC overturned the acquittal order of the HC and sent the person to life imprisonment on the charges of rape and murder.
“It is unfortunate that the practice is still prevalent even today The procedure which tests vaginal laxity is an upfront on women’s dignity. It cannot be said that a sexually active woman cannot be raped,” the bench said.
It issued a slew of directions to the Centre and state government authorities and asked the DGPs and health secretaries of the states to ensure that the “two-finger test” is not conducted.
The top court said that any individual conducting the two-finger test will be held guilty of misconduct.
It directed the Centre and the health secretaries of the state to take steps to remove the study materials on two-finger tests from the curriculum of government and private medical colleges.