- The “two-finger test” followed in rape cases was prohibited by the Supreme Court which held that any person conducting the test shall be held guilty of misconduct.
- Justices D.Y. Chandrachud and Hima Kohli while restoring a rape conviction case regretted and criticized the use of the “two-finger test”.
- The bench held that the court has time and again deprecated the use of the two-finger test or pre-vaginum test in cases alleged of rape and sexual assault.
- The tests had no scientific basis but only re-victimized and traumatized women during the process.
- The court held that the test must not be followed as it is based on an incorrect assumption that a sexually active woman cannot be raped.
- The court held that the probative value of a woman’s testimony does not depend on her sexual history.
- The bench further added that it shall be patriarchal and sexist to say that a woman cannot be believed when she states that she was raped merely because she was sexually active.
- The bench in directing the Union Health Ministry said that survivors of sexual assault and rape must not be subject to the two-finger test.
- The Union and State governments were also directed to ensure that guidelines formulated by the Department of Health and Family Welfare are being circulated across all Government and Private Hospitals.
- Directions were made regarding hosting workshops for healthcare providers for communicating about the appropriate procedure for examining survivors of sexual assault.
- The curriculums in medical schools are to be reviewed and revised to not prescribe the two-finger tests as a procedure to examine sexual assault and rape survivors.
- The Court decided an appeal of a rape case from the judgment passed by the Telangana High Court which had overturned the conviction of the trial court.
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