close
Thursday, November 3, 2022

‘Two-finger’ rape test banned in India, to be expunged from medical syllabus

The Supreme Court added that all teachings related to two-finger tests be removed from the medical school syllabus.

• November 3, 2022
Rape
Rape photo used to illustrate this story (Photo Credit: Guardian Nigeria

India’s Supreme Court has banned the ‘two-finger’ test on female rape survivors, describing it as an invasive and patriarchal practice which lacked scientific basis and discouraged sexually active women from reporting rapes.

The panel comprising two judges said the two-finger test was a backward and unscientific approach that invalidates a woman’s rape testimony solely because she had engaged in sexual intercourse in the past. 

“The probative value of a woman’s testimony does not depend upon her sexual history. It is patriarchal and sexist to suggest that a woman cannot be believed when she states that she was raped, merely for the reason that she is sexually active,” the two-judge panel stated in its ruling.

Reiterating the “so-called test” lacked scientific basis, Justice DY Chandrachud said it “instead re-victimiSes and re-traumatiSes women and is an affront to their dignity. So, the two-finger or per vaginam test must not be conducted.” 

“The test is based on an incorrect assumption that a sexually active woman cannot be raped,” Mr Chandrachud added. “Nothing can be further from the truth — evidence of a victim’s sexual history is wholly immaterial while adjudicating whether the accused raped her. It is regrettable that it continues to be conducted even today.”

India’s Supreme Court gave the ruling on October 31 when it revisited a 2004 rape and murder case and overturned a Jharkhand High Court judgement that acquitted the suspect based on the two-finger test. 

The man had previously been found guilty and subsequently convicted by a lower-level court until the Jharkhand High Court intervened and absolved him of wrongdoing. 

With the Supreme Court’s verdict, a conviction has now been restored.

The federal and state governments were also commanded by the apex court to put in place mechanisms that would compel all medical professionals to stop using the two-finger test, adding that violators would face charges of misconduct.  

The Indian health ministry was specifically taxed with organising workshops for health workers to teach the approved procedures to examine rape survivors. 

The Supreme Court added that all teachings related to two-finger tests be removed from the medical school syllabus.

We have recently deactivated our website's comment provider in favour of other channels of distribution and commentary. We encourage you to join the conversation on our stories via our Facebook, Twitter and other social media pages.

More from Peoples Gazette

Former Pakistan Prime Minister Imran Khan

World

Ex-Pakistan PM Khan ‘shot in assassination attempt’

Former Pakistan Prime Minister Imran Khan has sustained gunshot wounds to his legs after his convoy was shot at during a protest march.

Hot news Home top

Qatar 2022 as Messi’s World Cup ‘last dance’ for Argentina

In Qatar, Messi will look to lead his side one step further and justify his place in the pantheon of greats alongside his idol Maradona — as equals.

GETTING COVID-19 JAB

Health

500,000 people received COVID-19 jab in Cross River: Official

“Between March 2021 and October 2022, 500,000 residents in Cross River have received the first dose of the COVID-19 vaccine.”

AIR POLLUTION IN INDIA

Health

Air pollution level severe in Delhi, say Indian officials

Reports said several residents had reported breathing difficulties, with the elderly and schoolchildren being the worst hit.

CHILDREN WORKING FARM

Agriculture

Bandits raid Katsina, kidnap 26 girls, four boys

Bandits are demanding at least N30 million after kidnapping 30 children in Katsina working on a farm.

Edwin Clark and NAIRA & DOLLAR CURRENCIES

Economy

N855/$1: Edwin Clark asks CBN to stop naira’s depreciation

“Something urgent has to be done to prevent the naira from falling beyond what it is today. As we speak today, the rising cost of food is worrisome.”