Two-Finger Test

The Supreme Court recently stated that those who perform the "two-finger test" on alleged rape victims will be held accountable for their actions.

What is the Two-Finger Test?

• A medical practitioner will perform the two-finger test on the vagina to determine whether the women are habitual to sexual intercourse.
• The practice is unscientific and provides no conclusive information. Furthermore, such "information" has no bearing on a rape allegation.
• A woman who has been sexually assaulted is subjected to a medical examination in order to determine her health and medical needs, as well as to collect evidence.
• According to a World Health Organization (WHO) handbook on dealing with sexual assault victims, "virginity (or 'two-finger') testing has no scientific validity."

Observation of the Supreme Court:

• A Supreme Court bench stated in 2004 that "whether a woman is 'habituated to sexual intercourse' or 'habitual to sexual intercourse' is irrelevant for determining whether the ingredients of Section 375 (rape) of the IPC are present in a particular case."
• The court stated that it is patriarchal and sexist to suggest that a woman cannot be trusted when she claims she was raped simply because she is sexually active.
• The Supreme Court ruled in May 2013 that the two-finger test violates a woman's right to privacy and ordered the government to provide better medical procedures for confirming the sexual assault.
• Invoking the International Covenant on Economic, Social, and Cultural Rights of 1966 and the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power of 1985, the Supreme Court stated that rape survivors have the right to legal recourse that does not re-traumatize them or violate their physical or mental integrity and dignity.
• The Madras High Court ordered the state to ban the two-finger test in April 2022.

What are the Government's Guidelines?

• After the 2013 Justice Verma Committee report on amendments to criminal law for a faster trial, and enhanced punishment in sexual assault cases, the Union Health Ministry brought out detailed guidelines for the medical examination of victims of sexual assault in early 2014.
• According to the guidelines ‘two-finger test’, must not be conducted for establishing rape/sexual violence.
• The guidelines state that a rape victim’s consent (or her guardian’s, if she is minor/mentally disabled) is necessary for any medical examination. Even if consent is not provided, the victim cannot be denied medical treatment.
• However, these are guidelines and are not legally binding.

Way Forward

• The guidelines issued by the Ministry of Health and Family Welfare should be circulated to private and government hospitals.
• Workshops for health providers should be held to prevent the test from being performed on rape survivors.
• The problem can be solved by widespread sensitization and training of both doctors and police officers.

Read Also: National Health Policy & associated Policies In India