Anyone conducting ‘two-finger’ test on sexual assault survivors will be held guilty of misconduct: Supreme Court
2 years, 1 month ago

Anyone conducting ‘two-finger’ test on sexual assault survivors will be held guilty of misconduct: Supreme Court

The Hindu  

The Supreme Court on October 31 declared that any person conducting the invasive ‘two-finger’ or ‘three-finger’ vaginal test on rape or sexual assault survivors will be found guilty of misconduct. Chandrachud said the sole reason behind using the “regressive” test on traumatised sexual assault survivors is to see whether the woman or girl was “habituated” to sexual intercourse. The faulty logic behind the test was that “a woman cannot be believed when she said she was raped merely for the reason that she was sexually active”, the court said. “Any person who conducts the two-finger test in sexual assault cases shall be guilty of misconduct,” the court ordered.

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History of this topic

Prohibited 'two-finger test'; disciplinary action for non-compliance: Meghalaya to Supreme Court
3 months, 2 weeks ago

Prohibited 'two-finger test'; disciplinary action for non-compliance: Meghalaya to Supreme Court

The Hindu  

The Meghalaya government has informed the Supreme Court that it has prohibited the 'two-finger test' which was conducted to determine whether a survivor of rape or sexual assault was habituated to sexual intercourse. The State government told the apex court that a circular dated June 27, 2024, was issued by the Health and Family Welfare Department of Meghalaya prohibiting the …

Doctors Directed To Stop 'Two-Finger Test' On Rape Victims, Violators Will Be Punished : Meghalaya Govt Tells Supreme Court
3 months, 2 weeks ago

Doctors Directed To Stop 'Two-Finger Test' On Rape Victims, Violators Will Be Punished : Meghalaya Govt Tells Supreme Court

Live Law  

The State of Meghalaya recently informed the Supreme Court that it has issued circular in compliance with the earlier directions of the Court prohibiting the 'Two Finger test' on rape survivors. During the hearing, the Advocate General of the State, Amit Kumar, apprised the Court of the recent circular issued by the State in line with the decision of the …

Two Finger Test: A Bain To Women's Dignity
6 months, 3 weeks ago

Two Finger Test: A Bain To Women's Dignity

Live Law  

“The use of the two-finger test or the Per-Vaginum examination has no scientific base and is an affront to a woman's dignity.” In May 2013, the use of the two-finger test was declared unconstitutional by the apex court. The use of the two-finger test during the medical examination of a rape or sexual assault survivor is completely frivolous and inappropriate. …

‘Violates Privacy, Mental Integrity’: Orissa HC Urges Medical Professionals To Desist From Conducting ‘Two Finger Test’ On Sexual Assault Victims
1 year, 3 months ago

‘Violates Privacy, Mental Integrity’: Orissa HC Urges Medical Professionals To Desist From Conducting ‘Two Finger Test’ On Sexual Assault Victims

Live Law  

The Orissa High Court has directed all the medical professionals to desist from conducting ‘two-finger test’ on the victims of sexual assaults to ascertain their virginity. The Single Bench of Justice Sangam Kumar Sahoo reiterated that the said test is unconstitutional being averse to the invaluable dignity of the victims of sexual assault and thus observed, “The medical professionals while …

India’s Supreme Court Slams Use of ‘Two-Finger Test’
2 years ago

India’s Supreme Court Slams Use of ‘Two-Finger Test’

The Diplomat  

On October 31, India’s Supreme Court ruled that any person conducting the invasive “two-finger test” on survivors of sexual assault will be found guilty of misconduct. It instead re-victimizes and re-traumatizes women who may have been sexually assaulted, and is an affront to their dignity,” the apex court pointed out, ruling that “the ‘two-finger’ test or pre-vaginum test must not …

'Violative Of Rights Of Rape Survivors': Sikkim High Court Directs Doctors To Desist From Two-Finger Test
2 years, 1 month ago

'Violative Of Rights Of Rape Survivors': Sikkim High Court Directs Doctors To Desist From Two-Finger Test

Live Law  

The Sikkim High Court on Wednesday asked that doctors to desist from two-finger test in rape cases, observing that such medical examination affects the dignity of the individual. Hearing a criminal appeal in a rape case, the division Bench of Justice Meenakshi Madan Rai and Justice Bhaskar Raj Pradhan expressed concern over the method employed by the doctors in medical …

DC Edit | Crack down on two-finger test
2 years, 1 month ago

DC Edit | Crack down on two-finger test

Deccan Chronicle  

The Supreme Court’s decision to declare a medical practitioner who conducts a two-finger test on a rape survivor guilty of misconduct will hopefully end the obnoxious practice which the top court had initially prohibited in 2013 while dealing with the “Nirbhaya” case. It is also noteworthy that the Supreme Court has reiterated that a woman’s sexual history is wholly immaterial …

Reporting rape: On the trauma of rape survivor
2 years, 1 month ago

Reporting rape: On the trauma of rape survivor

The Hindu  

For a rape survivor, trauma comes in repeat doses. On Monday, the Supreme Court of India moved to make amends, declaring that any person conducting the invasive “two finger” or “three finger” vaginal test on rape or sexual assault survivors will be found guilty of misconduct. The apex court said whether a woman is “habituated to sexual intercourse” or “habitual …

‘Two-Finger Test Re-traumatises Rape Survivors, Affront to Dignity’: SC on ‘Patriarchal’ Practice
2 years, 1 month ago

‘Two-Finger Test Re-traumatises Rape Survivors, Affront to Dignity’: SC on ‘Patriarchal’ Practice

News 18  

The Supreme Court on Monday ordered a ban on “two-finger test” in rape cases and warned that persons conducting such tests will be held guilty of misconduct. The two-finger test is an unscientific and intrusive physical examination that involves insertion of two fingers into a woman’s vagina to measure the laxity of muscles and determine her ‘virginity’. The Government shall …

SC deprecates two-finger test on rape victims; calls it affront to their dignity
2 years, 1 month ago

SC deprecates two-finger test on rape victims; calls it affront to their dignity

Deccan Chronicle  

NEW DELHI: The Supreme Court on Monday deprecated the "regressive" and "invasive" practice of the 'two-finger test' on rape survivors and said it has no scientific basis and instead re-victimises women who may have been sexually assaulted, and is an affront to their dignity. "We therefore set aside the High Court's decision dated January 27, 2018 and restore the Sessions …

Supreme Court Bans 'Two-Finger Test', Says It Re-Victimises & Re-Traumatises Victims Of Rape
2 years, 1 month ago

Supreme Court Bans 'Two-Finger Test', Says It Re-Victimises & Re-Traumatises Victims Of Rape

ABP News  

New Delhi: The Supreme Court on Monday imposed a ban on the “Two-Finger Test” in rape cases and warned that persons who will be found conducting such tests would be held guilty of misconduct. According to news agency PTI, a bench comprising Justice DY Chandrachud and Hima Kohli said that it is regrettable that the “Two-Finger Test” continues to be …

Two-Finger Test Ban: Decoding Why 'Invasive Method' to Gauge 'Virginity' in Rape Cases Saw SC Lose Its Cool
2 years, 1 month ago

Two-Finger Test Ban: Decoding Why 'Invasive Method' to Gauge 'Virginity' in Rape Cases Saw SC Lose Its Cool

News 18  

It’s a violation of dignity and privacy, is in contravention of the law, and reflects a ‘patriarchal mindset’ in the words of the Supreme Court — why then is the two-finger test to gauge the ‘virginity’ of rape survivors practised so openly in India? It is patriarchal and sexist to suggest that a woman cannot be believed when she states …

SC Orders Ban on 'Two-finger Test' in Rape Cases, Slams 'Invasive Method' of Examining Survivors
2 years, 1 month ago

SC Orders Ban on 'Two-finger Test' in Rape Cases, Slams 'Invasive Method' of Examining Survivors

News 18  

The Supreme Court on Monday ordered a ban on “two-finger test” in rape cases and warned that persons conducting such tests will be held guilty of misconduct. The two-finger test is an unscientific and intrusive physical examination that involves the insertion of two fingers into a woman’s vagina to measure the laxity of vaginal muscles, thereby determining her ‘virginity’. Supreme …

Supreme Court Reiterates Ban On Two-Finger Test; Says It's Based On Patriarchal Mindset That Sexually Active Women Can't Be Raped
2 years, 1 month ago

Supreme Court Reiterates Ban On Two-Finger Test; Says It's Based On Patriarchal Mindset That Sexually Active Women Can't Be Raped

Live Law  

The Supreme Court on Monday reiterated its prohibition on the "Two-Finger Test" in rape cases and warned that persons conducting such tests will be held guilty of misconduct.It is regrettable that "two-finger test" continues to be conducted even today, a bench comprising Justices DY Chandrachud and Hima Kohli lamented while restoring the conviction in a rape case. It is regrettable …

Patriarchal, sexist: Supreme Court comes down heavily on 2-finger rape test
2 years, 1 month ago

Patriarchal, sexist: Supreme Court comes down heavily on 2-finger rape test

India Today  

Condemning the use of two finger test on rape or sexual assault survivors, the Supreme court on Monday said any person conducting such tests will be found guilty of misconduct. 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 …

Ban Two-Finger Test On Rape Victims Forthwith : Madras High Court Directs State
2 years, 8 months ago

Ban Two-Finger Test On Rape Victims Forthwith : Madras High Court Directs State

Live Law  

The Madras High Court has directed the State Government to ban the practice of two finger test on victims of sexual offences by the medical professionals forthwith.The bench of Justices R. Subramanian and N. Sathish Kumar issued this direction as it noted that the two finger test is being used in cases involving sexual offences, particularly, on minor victims even …

Recording Sexual History Of Rape Victim By Carrying Out "Two-finger Test" Or "Virginity Test" Unconstitutional: Pakistan Supreme Court
3 years, 8 months ago

Recording Sexual History Of Rape Victim By Carrying Out "Two-finger Test" Or "Virginity Test" Unconstitutional: Pakistan Supreme Court

Live Law  

The Supreme Court of Pakistan observed that recording sexual history of the victim by carrying out "two-finger test" or the "virginity test" is unconstitutional.Dragging sexual history of the rape survivor into the case by making observations about her body including observations like "the vagina admits two fingers easily" or "old ruptured hymen" is an affront to the reputation and. The …

Two Finger Test On Rape Victims Unconstitutional,Violates Personal Dignity Of Woman, Holds Lahore High Court, Quotes Indian Precedents
3 years, 11 months ago

Two Finger Test On Rape Victims Unconstitutional,Violates Personal Dignity Of Woman, Holds Lahore High Court, Quotes Indian Precedents

Live Law  

The Lahore High Court has held that two finger test and the hymen test carried out for the purposes of ascertaining the virginity of a female victim of rape or sexual abuse is unconstitutional.The court held that such tests are unscientific having no medical basis and also offends the personal dignity of the female victim.Justice Ayesha A. Malik held that …

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