Abstract

The two finger test involves the examining of the rape survivors to know whether the victim is ‘virgin’ or ‘habituated to sexual intercourse’, the inspection is done by the doctors by inserting two fingers inside the vagina of the victim. The two most usual practices are examination of hymen for size or tears, and the second is this insertion of two fingers to measure the laxity of the vaginal wall. The Supreme Court on 31st October, recapitulate the ban on the “two-finger test” in sexual assault cases. A bench comprising Hon’ble Justice DY Chandrachud and hon’ble Justice Hima Kohli deplored while hearing the appeal of the State of the government of Jharkhand against the acquittal of a man who was sentenced to life imprisonment for raping a minor girl of 16 years and lightning on fire which eventually led to her death. The bench prohibited the two-finger test and cautioned that the person conducting such test will be held guilty of misconduct. However, this is not the first effort to prohibit the two-finger test.

Keywords