Chennai: Madras High Court has issued a stern warning in a case related to medical tests of rape victims, stating that doctors who continued to conduct the "two-finger test" on rape victims will also be considered guilty of misconduct. The bench, consisting of Justice SS Sunder and Justice Sunder Mohan, made this observation upon encountering a Medico-Legal Examination report in a rape case where a two-Finger test had been conducted.
The court expressed displeasure during the hearing of a case involving the two-finger test. It is noteworthy that the Supreme Court had already imposed a ban on this test. The court, while expressing sorrow over the test conducted in this case, mentioned that the Supreme Court has reiterated in several cases that this test is not acceptable for determining rape.
'Doctors conducting two-finger test will be guilty'
The High Court, while strongly warning doctors, stated that if doctors conduct such tests contrary to the Supreme Court's directions, they will also be considered guilty of misconduct. The court had also cautioned doctors against conducting such tests, emphasising that there is no scientific basis for such examinations and that they subject rape survivors to additional trauma.
“However, we notice regrettably that a finger test had been conducted in the instant case, though the Hon'ble Supreme Court and this Court in several cases have repeatedly held that such a test is neither acceptable nor desirable to ascertain whether the victim was subjected to sexual intercourse. We take this opportunity to remind the Doctors that if they conduct any test in contravention of the directions of the Hon'ble Supreme Court in the State of Jharkhand Vs. Shailender Kumar @ Pandav Rai, reported in (2022) 14 SCC 289, they shall be guilty of misconduct as held by the Hon'ble Supreme Court,” the court said.
Supreme Court had imposed ban on two-finger test
It is pertinent to mention that in April 2022, the Madras High Court had issued directions to the state government to ban the 'Two-Finger Test' on victims of sexual offences by medical professionals. The High Court stated that such examinations violate the privacy, physical and mental integrity, and dignity of rape survivors.
Later in October 2022, the Supreme Court imposed a ban on the Two-Finger Test for rape survivors and warned that persons conducting such tests will be held guilty of misconduct. The Supreme Court directed the Ministry of Health to ensure that the Two-Finger Test is not performed on rape survivors. The court had also directed the Centre, as well as state governments to ensure that the guidelines formulated by the Department of Health and Family Welfare (proscribes two-finger test) are circulated to all Govt and private hospitals.
The Apex court had observed that the test had no scientific basis and instead re-victimises and re-traumatises women.
Prior to the warnings from the Supreme Court and the Madras High Court, the 'Two-Finger Test' was routinely conducted by doctors in various places for the examination of women who had experienced sexual assault. This subjected women to additional trauma, prompting the Supreme Court to impose a ban on such tests during the hearing of a specific case.
(Inputs from Live Law)
