Two-finger test violates rape victim’s right to privacy: SC
20 May 2013 6:31 AM IST
The Supreme Court has said that the two-finger test on rape victims and its interpretation violates the right of rape survivors to privacy, physical and mental integrity and dignity. It said that even if the report of the test is affirmative, it cannot ipso facto give rise to presumption of consent.
A bench of Justices B S Chauhan and F M I Kalifulla was hearing an appeal of an accused who was convicted by the trial court on raping a class six girl in Haryana in 2002 and the high court had upheld his conviction.
The counsel of the accused submitted that the prosecution failed to prove the date of birth of the victim and that she was about 17-18 years of age on the date of incident and thus it was a clear cut case of consent. The doctor who had examined the victim had deposed that that there was no external mark of injury on any part of her body and the possibility of the victim being habitual to sexual intercourse could not be ruled out. The victim had said that she was unmarried and had never indulged in sexual activity with any person and was below 16 years.
The court, referring to various court judgements, dismissed the petition of the accused. The apex court said that as the two finger test is concerned, it requires a serious consideration by the court as there is a demand for a sound standard of conducting and interpreting forensic examination of rape survivors. The two-finger test entails medical inspection of the female hymen.
A bench of Justices B S Chauhan and F M I Kalifulla was hearing an appeal of an accused who was convicted by the trial court on raping a class six girl in Haryana in 2002 and the high court had upheld his conviction.
The counsel of the accused submitted that the prosecution failed to prove the date of birth of the victim and that she was about 17-18 years of age on the date of incident and thus it was a clear cut case of consent. The doctor who had examined the victim had deposed that that there was no external mark of injury on any part of her body and the possibility of the victim being habitual to sexual intercourse could not be ruled out. The victim had said that she was unmarried and had never indulged in sexual activity with any person and was below 16 years.
The court, referring to various court judgements, dismissed the petition of the accused. The apex court said that as the two finger test is concerned, it requires a serious consideration by the court as there is a demand for a sound standard of conducting and interpreting forensic examination of rape survivors. The two-finger test entails medical inspection of the female hymen.
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