Saturday, April 23, 2022

Madras High Court directs State to immediately ban two-finger test used on survivors of sexual offences

The Madurai Bench of the Madras High Court on 21/4/22 directed the State government to immediately ban the practice of the two-finger test conducted by medical professionals on survivors of sexual offences .

The Court noted that the Supreme Court, in several decisions, had held the test to be unconstitutional. It thus deemed it necessary to issue a direction to the State government to end the practice.

"In view of the above judicial pronouncements, we have no doubt that the two finger test cannot be permitted to be continued. Therefore, we issue a direction to the State Government to ban the practice of two finger test on victims of sexual offences by the medical professionals forthwith.-The Court

The Court also noted that High Courts in other states had also deprecated the practice. The Gujarat High Court in State of Gujarat v Rameshchandra Ramabhai Panchal held that the two-finger test is the most unscientific method of examination used in the context of sexual assault and has no forensic value.

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