Reporting By: Admit Kashyap
The Supreme Court bench of Justice DY Chandradhud & Justice Hima Kohli in The State Of Jharkhand Vs. Shailendra Kumar Rai @ Pandav Rai, Crl.A. No. 1441/2022 ban “Two-Finger Test” in rape cases and warned that persons conducting such tests will be held guilty of misconduct.
According to a report of legal web portal Live Law the bench while dictating the judgment observed that “It is regrettable that “two-finger test” continues to be conducted even today. This court has time and again deprecated the use of two finger test in cases alleging rape and sexual assault. The so called test has no scientific basis. It instead re-victimises and re-traumatises women. The two finger test must not be conducted….The test is based on an incorrect assumption that a sexually active woman cannot be raped. Nothing can be further from the truth“.
“The probative value of a woman’s testimony does not depend on her sexual history. It is patriarchal and sexist to suggest that a woman cannot be believed when she states that she was raped merely because she is sexually active”, the bench added.
The bench directed the Union Health Ministry to ensure that survivors of sexual assault and rape are not subject to two finger test.
The Bench directed the Union Govt, as well as State Governments to ensure that the guidelines formulated by the Department of Health and Family Welfare (proscribes two finger test) are circulated to all Govt and private hospitals.
The Bench further directed to conduct workshops for health providers to communicate appropriate procedure examining survivor of sexual assault.
It also directed to review curriculums in medical schools so that the two finger test is not prescribed as one of the procedures to be adopted while examining survivors of sexual assault and rape.
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Judgements In Criminal Law 