The Supreme Court Banned The Two Finger Test In A Rape CaseVignesh Subbaian (Author) Published Date : Nov 02, 2022 15:44 IST
The Supreme Court banned the two-finger test in a rape case on Tuesday. This case has been highly on talk from the day it was passed.
In cases of rape, the raped women will be sent to the government hospital for a physical examination which female doctors will examine. A two-finger test is conducted to confirm the rape. The court is ruling on this test certificate as final.
The judges stated the comments in a restorative order that upheld the man's conviction and sentence for the 2004 rape and murder of a little girl in Jharkhand after she had passed a "two-finger test" by a hospital medical board.
The test, sometimes known as the "virginity test," has a long history of abuse, particularly in the subcontinent, where patriarchal values still govern the majority of institutional frameworks and where it is typically the victim's responsibility to make her voice heard.
The Sessions Court heard the case. Then the accused was ordered to be punished. But based on the result of the two-finger test, the High Court overturned the Sessions Court verdict.
Subsequently, the Jharkhand state government filed an appeal against this judgment in the Supreme Court. A bench heard the case of Justices D. Y. Chandrachud and Hima Kohli. At that time, the judges gave a verdict confirming the sentence given to the accused by the Sessions Court and cancelling the acquittal given by the court.
The judgement says that the two-finger test should not be conducted on women victims of rape cases. Central and state governments should ensure this. Guidelines should be developed in this regard and given to all government and private hospitals. The judges said anyone who searches for this violation would be considered guilty of misconduct.