The two-finger test for rape makes a woman go through the trauma all over again – this time with no legal recourse!
Even though the two-finger test is held invalid in most parts of India and that they cannot be used in courtroom proceedings, they continue to be used.
Today, on Aug 1, the Supreme Court was to continue hearing on the validity of these tests. But the Centre to not file a reply in the court in response to the petition filed by a junior advocate in public interest. Senior lawyer Indira Jaisingh was appointed as ‘amicus curae’ or friend of the court.
This test is done to discover if a survivor is accustomed to sexual intercourse by determining if the vaginal opening is narrow or broad – which is completely ridiculous.
In May earlier, the apex court had given an opinion about the two-finger test and had said that it violates the privacy of a rape victim, asking the government for the provision of a better medical procedure for the confirmation of the sexual assault.
A bench of justice comprising of B.S. Chauhan and F.M.I Kalifulla said that even if the test done by the two fingers is positive, it cannot give rise to the presumption of consent on part of the rape victim.
Certain things have to be kept in mind like International Covenant on Economical, Social and Cultural Rights 1966 and the Declaration of UN of Basic Principles of Justice for Victims of Crime and Abuse of Power 1985.
The apex court has said that rape survivors are sanctioned to the legal choice that does not re-traumatise them or violate their mental and physical solidity and dignity.
The apex court previously held that the test is not material in determination of consent.
As per a report in India Legal, Angry at the Centre’s behavior, the Supreme Court bench of Justices Madan B Lokur, Prafulla C Pant and Deepak Gupta imposed a cost of ₹25,000.
The next hearing of the case will be held in September.