Medical Dialogues

SC SLAMS TWO FINGER TEST

ON RAPE AND SEXUAL ASSAULT SURVIVORS
Condemning the use of the two-finger test on rape and sexual assault survivors in the strongest of terms, the Supreme Court on Monday said any person performing such tests will be held guilty of misconduct.
WHAT IS THE TWO FINGER TEST?
The test is conducted to check whether the victim has had recent sexual intercourse. The test includes an inspection of the hymen. The hymen is inspected as it is incorrectly believed that it can be torn only if the woman has had any sexual intercourse. This test was performed on rape or sexual assault survivors.
HOW IS THE TEST CONDUCTED
The two-finger test is performed by a doctor, who inserts two fingers into the vaginal canal of the rape survivor to check the laxity of her muscles and determine if she has been sexually active.
IS THE TWO FINGER TEST SCIENTIFICALLY ACCURATE?
No, it is not. Science has proved that the hymen is not a reliable source of proving vaginal penetration. The hymen, a thin membrane in the vagina, can rupture not just during sexual activity but also during day-to-day work or any physical activity, including playing sports, in cases of sexual assault against children, the hymen being so deep-set often stays intact during penetration.
A bench of Justices DY Chandrachud and Hima Kohli said,
"The so-called test is based on the incorrect assumption that a sexually active woman cannot be raped. Nothing could be further from the truth – a woman’s sexual history is wholly immaterial while adjudicating whether the accused raped her."
while restoring the conviction in the rape case, the court said,
"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,"
Terming the test as a traumatic experience for a sexual assault survivor, the bench said,
"It instead further re-victimizes and re-traumatizes women who may have been sexually assaulted, and is an affront to their dignity. The two-finger test or pre-vaginum test must not be conducted."
The court expressed regret that, despite directions, the rest is still being held and said,
"This Court has time and again deprecated the use of this regressive and invasive test in cases alleging rape and sexual assault. This so-called test has no scientific basis and neither proves nor disproves allegations of rape."
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