End To Humiliation? Madras HC Bans Two-Finger Test On Victims Of Sexual Offences

In a progressive move toward a dignified identity for women in Indian society, the Madras High Court has directed the Tamil Nadu government to ban the practice of two-finger tests on victims of sexual offences by medical professionals with immediate effect.

A division bench of justices R Subramanian and N Satish Kumar noted on Friday, April 22, that despite the Supreme Court verdict, the two-finger test is being used in cases involving sexual offences, particularly on minor victims. The SC judgment held that the test violates the rape survivors' rights to privacy, physical and mental integrity and dignity.

The bench said, "It has been a common practice for doctors to perform the two-finger test on victims who have been subjected to rape, particularly on minor victims. It is unconstitutional," quoted India Times.

What Is The Case?

The court passed the regulation while it was disposing of an appeal filed by an accused identified as Rajiv Gandhi from Pudukottai. He was convicted under Section 5(1), read with Section 6(1) of the Protection of Children from Sexual Offences Act, 2012 and Section 363 of the Indian Penal Code, reported livelaw.in.

The Pudukottai Mahila Court awarded Gandhi a life sentence in 2021 for the rape of a 16-year-old. He was also ordered seven years' imprisonment under Section 363 of the IPC for kidnapping. As per the prosecution, the accused had befriended the victim who came for training at his tailoring shop and later abused her sexually.

What Is Two-Finger Test?

Two-finger test—another form of virginity test involving examining for laxity of vaginal muscles with fingers. A medical professional performs the test by inserting two fingers inside the female's vagina to check the level of vaginal laxity, which is used to determine if the woman is "habituated to sexual intercourse".

In some cases, it is conducted by inspecting the size of a vaginal opening and for tears in the hymen.

According to the World Health Organisation, neither of the methods in the two-finger test can prove that the female has had sexual intercourse. This technique is practised on the assumption that a hymen can be torn because of sexual intercourse. There is another premise that the appearance of female genitalia can determine the sexual history of a woman.

Netizens' Reaction To The Ban

Sonal Kapoor, the Founder Director at Protsahan India Foundation, took to Twitter and questioned why has been the practice still prevalent if the Supreme Court held it in 2013.

Another Twitter user called the test disrespecting and said it makes it more horrific for the victims.

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