The Supreme Court has 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.

What is the two-finger test?

• The test is conducted to check whether the victim has had recent sexual intercourse.
• It includes an inspection of the hymen.
• The hymen is inspected as it can be torn only if the woman has had any sexual intercourse.
• This test was performed on rape or sexual assault survivors.

What did the Verma Committee say on the two-finger test?

• The committee under former Chief Justice JS Verma, formed soon after the 2012 Nirbhaya Gangrape case had recommended tougher laws for such cases and ban of the two-finger test.
• This test has no bearing on a case of sexual assault.
• On the basis of this test observations/ conclusions such as ‘habituated to sexual intercourse’ should not be made and this is forbidden by law.
• Yet, the test continues to be conducted in India and other countries despite rape test kits are being provided by the government to all medical institutions after the committee recommendations.

Is the two-finger test scientifically accepted?

• Of course NOT.
• According to medical experts, science has proved that the hymen is not a reliable source of proving vaginal penetration.
• The hymen, which is a thin membrane in the vagina, can rupture not just during sexual activity but also during day-to-day work or any physical activity, including playing sports.

What has the Supreme Court said previously?

• Violation of privacy: In May 2013, the Supreme Court banned the two-finger test on rape victims on the grounds that it violated their right to privacy.
• Alternative procedures: The court asked the government to provide better medical procedures in order to confirm sexual assault.
• Painful for women: The test is medically unnecessary, often times painful, humiliating and a traumatic practice that must end.

Way ahead

• Workshops should be held for health providers to prevent the test from being conducted on rape survivors.
• The curriculum in medical schools should be revised.
• The court ordered copies of the judgment to be handed over to the Health Ministry, which should be circulated to the health and home departments of the States.
• The home departments should circulate the judgment to the Director Generals of Police in the States.

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