Anyone conducting ‘two-finger’ test on sexual assault survivors will be held guilty of misconduct: Supreme Court

“Any person who conducts the two-finger test in sexual assault cases shall be guilty of misconduct,” the Supreme Court ordered

The Supreme Court on October 31 declared that any person conducting the invasive ‘two-finger’ or ‘three-finger’ vaginal test on rape or sexual assault survivors will be found guilty of misconduct.

In a judgment, a Bench led by Justice D.Y. Chandrachud said the sole reason behind using the test on traumatised sexual assault survivors is to see whether the woman or girl was “habituated” to sexual intercourse.

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Such a “concern” was irrelevant to fact whether she was raped or not.

“Previous sexual experience is immaterial to the question of conduct,” Justice Chandrachud held.

The faulty logic behind the test was that “a woman cannot be believed when she said she was raped merely for the reason that she was sexually active”, the court said.

The court said the legislature had amended the criminal law in 2013 to introduce Section 53A in the Indian Evidence Act.