Two-finger test is a crime
When responding to sexual violence, health providers are required to collect forensic evidence as well as provide therapeutic care. In reality, some survivors could still find themselves being subjected to the humiliating two-finger test. The Supreme Court has time and again frowned upon the use of the test, referring to it as the worst form of patriarchal and sexist attitude toward women who report rape. The practice has even been deemed unconstitutional. The latest order to prosecute those conducting this unscientific, invasive method of examination and holding them guilty of misconduct brings finality to the issue. It is a welcome and essential intervention.
The Bench hit the nail on the head with the contention that the inhumane test is based on an incorrect assumption that a sexually active woman cannot be raped. The evidence of a victim’s sexual history, it has reiterated, is immaterial to the case and the test only re-victimises and re-traumatises women. The top court had nearly a decade back issued views on similar lines. The test’s interpretation, it said, violates the right to privacy, dignity, physical and mental integrity, and can lead to degrading characterisations. Even if the report is affirmative, the presumption of consent is erroneous. A criminal law amendment in 2013 had made it clear that the evidence of a victim’s character or her previous sexual experience is irrelevant to the issue.
The guidelines now limit the examination to medical indications, such as diagnosing infection, injury or presence of a foreign substance. Along with directions to ensure that the survivors of sexual assault and rape are not put through the two-finger test, the Union Health Ministry has been told to circulate the court’s decision widely to spread awareness. It has also asked for workshops to be conducted for health providers on appropriate procedures and removal of study material on the test from the curriculum of medical colleges. It is too serious an issue to be dealt with in a casual manner.
