New Delhi: The Supreme Court Monday criminalised the practice of conducting two-finger tests on rape victims. It held that the test re-traumatises women of the incident of sexual assault that happened to them.
Those found involved in conducting this test will be guilty of misconduct, held in the apex court.
A bench consisting of Justices DY Chandrachud and Hima Kohli was hearing the case expressing displeasure on the issue saying that the test has no scientific stand and it is shame that it is still in practice.
“Evidence of a victim’s sexual history not material to case. It is regrettable that it continues to be conducted even today… The so called test has no scientific basis… it instead re-victimises and re-traumatises women,” said the court, reported Bar and Bench.
The court said the test is based on incorrect patriarchal assumptions which claims that a sexually active woman cannot be raped.
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The bench said it will be sexist not to believe a woman when she alleges of being raped on the basis of such tests.
Following this, the Union Ministry of Health Affairs has been ordered to ensure that the rape survivors will not have to go through this test in future.
In order to do so, the court has asked the ministry to conduct workshops and convey the judgement to the Director General of Police across all States.
