Penalising doctors will help prevent ‘two finger’ test on rape victims, say activists

Despite the courts repeatedly calling an end to it, and the Union Health Ministry’s guidelines prohibiting it eight years ago, the practice prevails

The ‘two finger’ test on victims of sexual assault continues despite the courts repeatedly calling an end to the practice, and the Union Health Ministry’s guidelines prohibiting it eight years ago. This has possibly compelled the Supreme Court to direct its latest judgment at penalising doctors who perform the test.

The Supreme Court on Monday declared that any person conducting the “regressive” invasive “two finger” or “three finger” vaginal test on rape or sexual assault survivors will be found guilty of misconduct.

Activists and legal experts say the practice of this regressive test can be traced to deep-seated biases against women in society, and lack of awareness on guidelines from the courts as well as the government among police officials and medical practitioners on the ground.

After the 2013 Justice Verma Committee report on amendments to criminal law for a faster trial, and enhanced punishment in sexual assault cases, the Union Health Ministry brought out detailed guidelines for the medical examination of victims of sexual assault in early 2014.

The guidelines state: “Per-Vaginum examination commonly referred to by lay persons as ‘two-finger’ test must not be conducted for establishing rape, sexual violence” by medical practitioners who carry out medico-legal examination of victims of sexual assault.

The guidelines are, however, are often not followed by police officials and doctors, the first points of contact for victims when they decide to complain.

In this context, the apex court’s direction to penalise doctors, and try them for medical misconduct, if they practise the two-finger test is a step in the right direction and can possibly help do away with this regressive practice, senior lawyer and rights activist Vrinda Grover said.