The Supreme Court on Monday observed that 'two-finger test' does not have any scientific basis and it retraumatise victims of sexual assault.
The apex court warned that anyone conducting ‘two-finger test’ on victims in rape or penetrative sexual assault will be held guilty of misconduct.
A division bench comprising Justices DY Chandrachud and Hima Kohli expressed concern over the 'two-finger test' that are still practiced today in parts of India.
The court said, “Evidence of a victim's sexual history not material to case. It is regrettable that it continues to be conducted even today...The so called test has no scientific basis...it instead re-victimises and re-traumatises women.”
“The test is based on an incorrect assumption that a sexually active woman cannot be raped ... It is patriarchal and sexist to suggest that a woman cannot be believed when she states that she was raped merely because she is sexually active.” it added.
More details are awaited.
