INDIA: In a recent development, the apex body of jurisdiction passed a counterrevolutionary judgment which states the ‘two-finger’ test on rape survivors is a violation of dignity and privacy and is a punishable offense in the eyes of the law.
A bench led by Justices DY Chandrachud and Hima Kohli banned the regressive method and called it a “patriarchal” and “sexist” mindset. Further, whoever is found guilty of practicing such methods on rape victims will have to face legal consequences.
During the hearing, Justice DY Chandrachud stated, “It is patriarchal and sexist to suggest that a woman cannot be believed when she claims she was raped simply because she is sexually active.” He went on to say, “This court has time and again deprecated the use of the two-finger test in cases alleging rape and sexual assault.”
”The so-called test has no scientific foundation and is an invasive means of assessing rape survivors…Instead, it re-victimizes and re-traumatises women. The two-finger test must not be performed,” Justice Chandrachud stated.
According to the jurisdiction body, the baseless test has no scientific ground. Moreover, it re-victimises and re-traumatises women. It takes a woman through the same pain. The test cannot prove her virginity but could tamper her dignity.
So, while passing the judgment, the court said in bold letters, “A woman’s sexual past has no bearing on the probative value of her evidence. It is patriarchal and discriminatory to insinuate that a woman cannot be trusted when she claims she was raped because she is sexually active.”
The regressive thought process is finally banned in India because, in other countries, such activities are illegal. Earlier back then in 2013, the top court had asked the government to replace it; they said, “Without a doubt, the two-finger test and its interpretation violate rape survivors’ rights to privacy, physical and mental integrity, and dignity. As a result, even if the report is positive, this test cannot imply a presumption of consent.”
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