In a landmark judgment, the Supreme Court outlawed the "Two-Finger Test" used on victims of sexual assault and issued a warning to those who engage in it that they will be held accountable for misbehavior.
The two-finger test was ordered to be taken out of medical school study guides because the apex court believed it to be an unscientific, intrusive means of re-traumatizing rape victims. In 2013, the Supreme Court declared the practice to be unlawful and ruled that the exam should not be administered.
A bench made up of Justices DY Chandrachud and Hima Kohli said it is regretful that the "two-finger test" is still used today while upholding the conviction in a rape case. When hearing the case, Justice DY Chandrachud, who will soon take over as Chief Justice of India, said: "The sexual past of a woman has no bearing on how credible her testimony is. To imply that a woman cannot be trusted when she claims to have been raped only because she engages in sexual activity is patriarchal and sexist."
"This court has repeatedly condemned the use of the two-finger test in rape and sexual assault cases. The so-called test is an intrusive way to examine rape survivors and has no scientific justification.
Instead, it victimizes and dehumanizes women once again. When delivering the verdict in a criminal case, Justice Chandrachud stated, "The two-finger test must not be performed.
The test is founded on the false presumption that a woman who is sexually active cannot be raped. Nothing could be more false, he continued. The Bench ordered the Union Health Ministry to make sure that victims of sexual assault and rape are not subjected to the two-finger test, and it also ordered the Union Government and the State Governments to make sure that all public and private hospitals are informed of the Department of Health and Family Welfare's guidelines prohibiting the test.
