Doctors Conducting 'Two Finger Test' On Rape Survivors Will Be Guilty Of Misconduct: Madras High Court

The bench of Justice SS Sunder and Justice Sunder Mohan made the observation while coming across a Medico-Legal Examination report in a rape case where a Two Finger Test had been conducted. The court expressed regret that even after directions from the Supreme Court and the High Court, doctors were still continuing to conduct the test.

“However, we notice regrettably that two 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.

In October 2022, the Supreme Court prohibited the “Two-Finger Test” in rape cases and warned that persons conducting such tests will be held guilty of misconduct. The Apex court had observed that the test had no scientific basis and instead re-victimises and re-traumatises women. The court had directed the Union Health Ministry to ensure that survivors of sexual assault and rape are not subject to two finger tests. The court had also directed the Union Govt, 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 also directed conducting workshops for health providers and directed to review curriculums in medical schools so that two-finger test was not prescribed while examining survivors of rape and sexual assault.

The Madras High Court, in April 2022 had directed the State Government to ban the practice of two-finger tests on victims of sexual offences by medical professionals. The High Court had observed that the test violated the right of rape survivors to privacy, physical and mental integrity, and dignity.

Counsel for the Appellant: Mr.Hasan Mohammed Jinnah State Public Prosecutor Assisted by Ms.J.R.Archana, M.Sumi Arnice Mrs.A.Sahana Fathima

Counsel for the Respondent: Mr.R.Rajarathinam, Sr.Counsel for Mr.A.Ashwinkumar, Mr.Abudukumar Rajarathinam, Sr. Counsel for Mr.S.Ashok Kumar

Citation: 2023 LiveLaw (Mad) 362

Case Title: State v XXX

Case No: R.T. No.2 of 2022

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