In a move that will change the historical trajectory of understanding rape convictions in India, the Supreme Court today imposed a ban on ‘two-finger test’ in rape cases.
The top court also said that any person conducting such test will be considered guilty of misconduct.
While restoring conviction in a rape-murder case Justice Chandrachud, who is going to take over as the CJI on November 9 said, “Evidence of a victim’s sexual history not material to case. It is regrettable that it continues to be conducted even today.”
It ordered the removal of two-finger test from the study materials and medical books of the medical colleges as well. Rightly pointing out the trauma of going through such tests, Justice Chandrachud said that the “unscientific invasive method of examining rape survivor retraumatises sexually assaulted woman.”
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Notably in 2013, the top court had termed the method unconstitutional. However, the practice went on without much deterrence.
The SC overturned the acquittal order of the HC and sent the person to life imprisonment on the charges of rape and murder.
