Two finger test on rape victim violates privacy: SC tells govt

The Supreme Court of India has held that the two-finger test on a rape victim violates her right to privacy, and asked the government to provide better medical procedures to confirm sexual assault.

hidden May 20, 2013 12:24:03 IST
Two finger test on rape victim violates privacy: SC tells govt

New Delhi: The Supreme Court of India has held that the two-finger test on a rape victim violates her right to privacy, and asked the government to provide better medical procedures to confirm sexual assault.

A bench of Justices B S Chauhan and F M I Kalifulla said even if the report of the two-finger test is affirmative, it cannot give rise to presumption of consent on part of a rape victim.

"Undoubtedly, the two-finger test and its interpretation violates the right of rape survivors to privacy, physical and mental integrity and dignity. Thus, this test, even if the report is affirmative, cannot ipso facto, be given rise to presumption of consent," the bench said.

Two finger test on rape victim violates privacy SC tells govt

Protests against rape. Agencies.

The two-finger test entails medical inspection of the female hymen.

Referring to various international covenants, the judges said rape survivors are entitled to legal recourse that does not violate their physical or mental integrity and dignity.

"Medical procedures should not be carried out in a manner that constitutes cruel, inhuman or degrading treatment and health should be of paramount consideration while dealing with gender-based violence.

"The state is under an obligation to make such services available to survivors of sexual violence. Proper measures should be taken to ensure their safety and there should be no arbitrary or unlawful interference with her privacy," the bench said.

Keeping in mind the International Covenant on Economic, Social, and Cultural Rights 1966 and the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power 1985, the apex court said, rape survivors are entitled to legal recourse that does not re-traumatise them or violate their physical or mental integrity and dignity.

"They are also entitled to medical procedures conducted in a manner that respects their right to consent," it said.

PTI

Updated Date:

also read

Supreme Court puts sedition law on hold: A look back at cases that shook the nation
India

Supreme Court puts sedition law on hold: A look back at cases that shook the nation

The colonial-era sedition law has been invoked against the likes of author Arundhati Roy, student leaders Kanhaiya Kumar, Umar Khalid, and cartoonist Aseem Trivedi among others

As SC puts on hold application of sedition law, Kiren Rijiju talks of Lakshman Rekha
India

As SC puts on hold application of sedition law, Kiren Rijiju talks of Lakshman Rekha

In its significant order on the law that has been under intense public scrutiny, a bench headed by Chief Justice NV Ramana said there was a need to balance the interest of civil liberties and interests of citizens with that of the State

Supreme Court extends deadline till 28 August for demolition of twin 40-storey towers of Supertech in Noida
India

Supreme Court extends deadline till 28 August for demolition of twin 40-storey towers of Supertech in Noida

Counsel appearing for IRP for Supertech said that after the test blast conducted by the Edifice Engineering it was found that the structure was stronger and stable than it was expected.