SC ban on 'two-finger test' in rape cases

The Supreme court on Monday put a ban on 'two-finger test' in rape cases and warned that those conducting such tests would be held guilty of criminal misconduct.

Underlining that the two-finger test stands proscribed by the top court through a raft of judgments starting 2013, a bench comprising Justices DY Chandrachud and Hima Kohli regretted that "two-finger test" continues to be conducted even today.

The apex court said that it is “patriarchal and sexist” to suggest that a merely because a woman is sexually active, it cannot be believed when she states that she was raped. It further highlighted that such tests has no scientific basis, instead it re-victimised and re-traumatise the survivor.

The top court has directed the Ministry of Home Affairs to ensure that no rape or sexual assault survivor is subjected to tow finger test.

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