The Supreme Court on Monday deprecated the practice of the 'two-finger test' on rape survivors saying that it had no scientific basis and instead re-victimised women who may have been sexually assaulted. The top court also said that any individual conducting the two-finger test will be held guilty of misconduct.
But, what is a two-finger test? Why does the SC want states to ensure it is not in use?
The two-finger test also termed the PV (Per Vaginal) or virginity test is a commonly followed practice used to check the laxity of a woman’s vaginal muscles, to know whether she is sexually active or not. The test is usually performed by an expert who inserts two fingers into the vaginal canal of a rape survivor to check the laxity of her muscles to determine whether the woman has been subjected to penetrative sex. The test is also supposedly used to inspect whether a woman’s hymen is intact. The hymen is a thin mucosal tissue that surrounds the external vaginal opening and has a lot of misconceptions revolving around it, one being that an intact hymen is proof of a woman’s virginity. However, the presence of a hymen cannot be used to derive conclusions about a woman’s virginity or whether she has had sexual intercourse.
A bench comprising justices D Y Chandrachud and Hima Kohli said that 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.
"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," it noted.
"Nothing could be further from the truth- a woman's sexual history is wholly immaterial while adjudicating whether the accused raped her. Further, the probative value of a woman's testimony does not depend upon her sexual history," the bench said in its parting remark of the verdict.
The bench added that whether a woman is "habituated to sexual intercourse" or "habitual to sexual intercourse" is irrelevant for the purposes of determining whether the components of Section 375 of the IPC (rape) are present in a particular case.
The so-called test is based on the incorrect assumption that a sexually active woman cannot be raped, it said.
It has directed the Centre and state government authorities and asked the DGPs and health secretaries of the states to ensure that the test is not conducted.
It also issued instructions to take steps to remove the study materials on two-finger tests from the curricula of government and private medical colleges
(With inputs from PTI)