The “Two-Finger Test” is a practice used in medical examinations of sexual assault survivors, in which the examining doctor inserts two fingers into the survivor’s vagina to assess the laxity of the vaginal walls. This practice has been widely criticized for being invasive, insensitive, and violative of the survivor’s bodily autonomy and privacy.
In the case of State of Jharkhand v. Shailendra Kumar Rai, the Supreme Court of India issued a landmark ruling prohibiting the use of the “Two-Finger Test” in rape cases. The Court held that the test violates a survivor’s right to privacy, bodily autonomy, and human dignity, and it is not relevant to the determination of the commission of a sexual assault. The court recommended alternative medical procedures that are less invasive and more accurate, such as the use of colposcopes and forensic samples.
The ruling in State of Jharkhand v. Shailendra Kumar Rai has been widely praised for its recognition of the rights of sexual assault survivors and for setting a higher standard for medical examinations in such cases. The prohibition of the “Two-Finger Test” has been seen as a step towards reducing the stigma and trauma faced by survivors and towards ensuring that they receive the justice they deserve.
In conclusion, the Supreme Court’s ruling in the State of Jharkhand v. Shailendra Kumar Rai case is a historic moment in the protection of the rights of sexual assault survivors in India. The prohibition of the “Two-Finger Test” and the recognition of the need for alternative, less invasive medical procedures in rape cases is a crucial step towards reducing the stigma and trauma faced by survivors and towards ensuring that they receive the dignity and respect they deserve. This case serves as a model for other countries to follow in their efforts to improve the treatment of survivors in the criminal justice system.
Key points of the Landmark Judgment “State of Jharkhand v. Shailendra Kumar Rai”:
- The “Two-Finger Test” was challenged in the Indian Supreme Court.
- The test was found to violate the survivor’s right to privacy, bodily autonomy, and human dignity.
- The court ruled that the test is not relevant to the determination of a sexual assault.
- The court recommended alternative, less invasive medical procedures in rape cases.
- The ruling was praised for setting a higher standard for medical examinations in rape cases.
- The prohibition of the “Two-Finger Test” is seen as a step towards reducing stigma and trauma faced by survivors.
- The ruling is a significant development in the protection of the rights of sexual assault survivors in India.
Additional Info:
Major references used while arguments were presented in the case “State of Jharkhand v. Shailendra Kumar Rai”:
- “Manual for Medico-Legal Care for Victims of Sexual Violence”: This publication, issued by the Ministry of Health and Family Welfare, lays down the guidelines for medico-legal care for survivors of sexual violence. It states that the “Two-Finger Test” is not a medically recognized method for determining rape and should not be used.
The above reference helped the Supreme Court of India to understand the legal framework on the rights of survivors of sexual violence and to make its ruling in the State of Jharkhand v. Shailendra Kumar Rai case consistent with these principles. The use of these references in the judgment highlights the court’s commitment to upholding the rights of survivors and to reducing the stigma and trauma they face.
