Patriarchal And Sexist: Supreme Court Bans Two-Finger Test Method To Confirm Rape

The Supreme Court announced an essential ruling on Monday declaring that the Two-Finger Test used to examine rape survivors to confirm rape does not hold any relevance and that anyone found practising it will be punished and will be found guilty of misconduct.

The Supreme Court Justices declared that the Two-Finger Test is an old, patriarchal method that is sexist and invasive, hence re-victimises the survivor further.

Suggested reading: All Women Are Entitled To Safe And Legal Abortion: Supreme Court Makes Landmark Judgement

Two-Finger Test Supreme Court Ruling

A Supreme Court Bench comprising Justices Hima Kohli and DY Chandrachud were restoring a conviction in a rape case when they made the ruling on the two-finger test. The justices expressed that it is disappointing to see that the tests are being conducted even today despite people knowing that these tests hold no value and are sexist in nature.

"This Court has repeatedly deprecated the use of the two-finger test method in cases of sexual assault and rape. This test holds no scientific basis and instead re-traumatises and re-victimises women. The test must not be conducted because it is based on an incorrect assumption that sexually active women cannot be raped," the bench observed. The Justices further expressed how this test is an extension of patriarchy and is sexist in nature because it suggests that a woman cannot or will not be believed when she reports rape just because she has been sexually active.

The bench further instructed the Union Health Ministry to endure that assault and rape survivors are not subjected to the test method. The Justices directed the State governments and Central government to ensure as well that these instructions are further sent to all private ad government hospitals across the country.

This ruling comes after the Supreme Court made a historic decision around the abortion rights of women, declaring that all women are subjected to legal and safe abortion, ad that their marital status has nothing to do with their decision. Restoring women's rights, and further protecting their personal rights and interest, the Apex Court also made a ruling on marital rape stating that women being married does not mean they cannot be raped and therefore they, too, have a right to abortion and it is their decision alone.