Supreme Court orders removal of 'Two finger test' on rape and sexual assault victims.

The Supreme Court on Monday stated that the two finger test done on rape victims or sexually assaulted victims is "patriarchal and sexist".

It further said that the person found conducting such a test would be held guilty of misconduct.

“Any person who conducts the two-finger test in sexual assault cases shall be guilty of misconduct,” the court order stated.

The order came from bench consisting of Justices D Y Chandrachud and Hima Kohli spoke against the test that is still being used in India on rape or sexually assaulted victims.

"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 bench observed while declaring the judgment.

"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 should no longer go through the two finger test.

The Bench also directed the Union Govt and State Governments to ensure that the guidelines formulated by the Department of Health and Family Welfare are circulated to all Govt and private hospitals.

Further, it also asked to conduct workshops for health providers so that such a test does not take place again. It further directed to revise the curriculum of medical schools and make sure to not include the two finger test as part of the curriculum.

Source- Live Law