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Supreme Court says persons conducting two-finger test guilty of misconduct, re-traumatises rape survivors

Supreme Court says persons conducting two-finger test guilty of misconduct, re-traumatises rape survivors

Supreme Court says persons conducting two-finger test guilty of misconduct, re-traumatises rape survivors
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By CNBCTV18.com Oct 31, 2022 11:56:32 AM IST (Updated)

The Supreme Court directed the Union Health Ministry to ensure that survivors of sexual assault and rape are not subject to a two-finger test. The court also asked for workshops to be conducted and orders to be communicated to State DGPs.

The Supreme Court on Monday said any person conducting a two-finger test on a rape or sexual assault survivor is guilty of misconduct.

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"Two-finger test re-traumatises rape survivor. Any person conducting a two-finger test is guilty of misconduct," a division bench of Justices DY Chandrachud and Hima Kohli said.
The apex court directed the Union Health Ministry to ensure that survivors of sexual assault and rape are not subject to a two-finger test. The court also asked for workshops to be conducted and orders to be communicated to State DGPs.
The Bench expressed displeasure that such tests were being conducted even today. "Evidence of a victim's sexual history not material to the case. It is regrettable that it continues to be conducted even today. The so called test has no scientific basis...it instead re-victimises and re-traumatises women," the court said.
The court added that the test is based on an incorrect assumption that a sexually active woman cannot be raped. "The test is based on an incorrect assumption that a sexually active woman cannot be raped... It is patriarchal and sexist to suggest that a woman cannot be believed when she states that she was raped merely because she is sexually active," the judgment said, reported Bar and Bench.
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