On Monday, October 31st, the Indian Apex Court emphasized on the ban of two-finger test after expressing displeasure over the test used as a probe took to check the claims made by sexual assault survivor, know its meaning
In a statement, the highest court directed that those who were found conducting the test will be held guilty.
What Is The Two Finger Test And Its Meaning After Its Banned For Rape Victims By The Supreme Court In India
JUST IN: Supreme Court says that the ‘two finger test’ is patriarchal and suggests that women who are habitual to sexual intercourse cannot be raped.
Supreme court orders, any person who performs the ‘two finger test’ on a victim of sexual assault will be guilty of misconduct.— Law Today (@LawTodayLive) October 31, 2022
Two-Finger Test पर सुप्रीम टिप्पणी । कहा
– यौन हिंसा जैसा है, जिसे पीड़िता दोबारा RAPE का अनुभव करती है।
– सेक्शुअली एक्टिव महिला का रेप नहीं हो सकता यह धारणा गलतजानिए क्या है #Twofingertest और क्यों सुप्रीम कोर्ट ने इसे मेडिकल सिलेबस से हटाने को दिए निर्देश। pic.twitter.com/MwC1edmMHU
— Shubhankar Mishra (@shubhankrmishra) October 31, 2022
A SC bench consisting of Justice DY Chandrachud and Hima Kohli noted that it is unfortunate that the two-finger test is still being conducted.
The bench of justices stated that it cannot be ruled out that a sexually active woman can not be raped.
Furthermore they even stated that the test has “no scientific basis” and it “only re-victimises and re-traumatises women” as well as they said that the test “must not be conducted”.
After knowing the recent landmark statement many are wondering what the 2 finger test is, so here’s all the information related to the test that you might need to know about.
What is the two-finger test?
For those who are unversed, let us tell you, the test was being performed before 1979.
As per reports, it was used as a protocol for medical examinations for women by the UK netizens. The test was used to perform on those who were immigrating to their country to marry their fiancées.
Though, the two-finger test is defined as a regressive practice to check the virginity of women of sexual assault survivor.
However, there is a misconception related to it and that is, it can be used to determine if a woman has had vaginal intercourse.
As the name suggests, at the time of carrying out the test, two fingers are inserted into the vagina to check the laxity of muscles.
It is generally carry out on a assumption which is deemed patriarchal that a woman who is sexually active is less likely to be sexually assaulted.
However, if we talk about the tons of research work that has been carried out to ruled out this misconception, the research shows that a person’s sexual history has no bearing on sexual assault.
Supreme Court Observation
Coming back to the observation of SC, the recent observation came as a repeat of its 2013 order which banned the use of two-finger test.
At the time, the highest court had called the test a violation of a woman’s dignity.
Today, on Monday, October 31st, the SC overturned a decision of Jharkhand High Court, where the court has acquitted a rape and murder convict.
The Apex court upheld the decision of a trial court as they held the accused guilty.
Along with it, the bench of the SC directed the Union Government as well as the States Government to ensure that the two finger test shall not be conducted.
They even went on to add that if any person found conducting the two finger test they will be held guilty.
They even called the Centre as well as the State Government to take necessary steps to remove the study materials on the 2 finger test from the curriculum of medical colleges.