The Supreme Court disapproved of the use of the two-finger test for rape survivors on Monday.
New Delhi: The Supreme Court disapproved of the use of the two-finger test for rape survivors on Monday, saying individuals who used this invasive, unscientific test should be penalised. The court ordered the test re-traumatize the victim as it directed the removal of reference to this test from study materials.
“Justice DY Chandrachud emphasised throughout the hearing that it is patriarchal and sexist to suggest that a woman cannot be believed when she claims that she was raped merely because she is sexually active.”
This court has repeatedly condemned the use of the two-finger test in rape and sexual assault cases. The so-called test is an intrusive method of assessing rape survivors and has no scientific justification. Instead, it victimises dehumanised women once again.
While reading out the operative part of a criminal case ruling, Justice Chandrachud stressed that the two-finger test must not take place. “The test is based on the false presumption that a woman who is sexually active cannot be raped.” Nothing could be further from the truth.
When the practise was declared unconstitutional, the top court had earlier issued views on the matter on similar lines as well.
The apex court stated in 2013, when it urged the government to replace it “Undoubtedly, the two-finger test and its interpretation violate the rights of rape survivors to privacy, physical,mental integrity, and dignity.