The Most Important Feminist Judgement of 2022

Ban of the Two Finger Test

The Hon’ble Supreme Court in a judgement – State of Jharkhand v. Shailendra Kumar Rai @ Pandav Rai has clearly prohibited the “TWO FINGER TEST”. Anyone who is found to do the same, shall be held guilty of misconduct. It is clearly a shameful act that persists in the times that we are living in.

The Hon’ble Court has presented its regret regarding the two finger test in the cases alleging rape and sexual assault. The test has no scientific basis and is instead re-victimising and tormenting the women to relive the incident. It must not be conducted and is incorrect assumption that a sexually active woman cannot be raped.

The Court was just in its saying that the probative value of a woman’s testimony does not depend on her past of sexual experiences. This is merely a patriarchal and sexist practice that the woman must not be believed that she was assaulted / raped because she has been having intercourse with her will, before the rape happened.

The Hon’ble Court directed the Union Government, and State Governments to keep a check on the guidelines formulated by the Department of Health and Family Welfare to further prohibit the Two Finger Test in all the hospitals, i.e., government and private hospitals.

The Hon’ble Court further instructed the Department to conduct workshops for appropriate procedures to be followed regarding the examination of the person who has faced the horrible assault / rape.

The Hon’ble Court had instructed to review the curriculums that is being taught in the medical schools to not continue teaching of the two finger test as one of the procedures of examination of the survivors.

The Hon’ble Court stated that it is a regretful practice that was conducted over a decade ago and is continued still, and the same should be prohibited as it has no scientific basis of proving the assault / rape.

#lawyer #ladylawyer #india #highcourt #cji #instagram #supremecourtofindia #legal