Two finger tests are banned

Subject :Polity

Context:

Recently, the Supreme Court has declared that any person conducting the invasive ‘two-finger’ or vaginal test on rape or sexual assault survivors will be found guilty of misconduct.
A Bench of Justices D Y Chandrachud and Hima Kohli made this comments in its order restoring the conviction and sentencing of a man for the rape and murder of a minor girl in Jharkhand in November 2004.

What is two finger test:

The ‘two-finger test’ is a regressive procedure that involves the insertion of two fingers into a person’s vagina to gauge the laxity of vaginal muscles, thereby determining her ‘virginity’.
It includes an inspection of the hymen.The hymen is inspected as it can be torn only if the woman has had any sexual intercourse.

What are the norms for medical examinations of Rape Victims:

In terms of Section 53A in the Indian Evidence Act, the evidence of a victim’s character or her previous sexual experience with any personshall not be relevant to the issue of consent or the quality of consent in the prosecution of sexual offenses.

Is the two-finger test scientifically accepted:

According to medical experts, science has proved that the hymen is not a reliable source of proving vaginal penetration.
The hymen, which is a thin membrane in the vagina, can rupture not just during sexual activity but also during day-to-day work or any physical activity, including playing sports.

What is Supreme Court’s take on the issue:

In May 2013, the Supreme Court banned the two-finger test on rape victims on the grounds that it violated their right to privacy.
The court had asked the government to provide better medical procedures in order to confirm sexual assault.
The test is medically unnecessary, oftentimes painful, humiliating and a traumatic practice that must end.

What did the Verma Committee say on the two-finger test:

The committee had recommended tougher laws for such cases and ban of the two-finger test as this test has no bearing on a case of sexual assault.
Moreover, on the basis of this test observations such as ‘habituated to sexual intercourse’ should not be made and this is forbidden by law.