HomeIndia News'The demand for two-finger ban was raised after the Nirbhaya gang rape,...

‘The demand for two-finger ban was raised after the Nirbhaya gang rape, the order of the Supreme Court is a strong message’

New Delhi : The 2012 Nirbhaya gang rape and murder case shook the entire nation. A year later, the Criminal Law Amendment Act 2013 made the two-finger test on rape victims and sexual assault victims illegal. But this practice was still going on. The Supreme Court on Monday warned that this test should not be conducted in future. Those who do so will now be considered guilty of misconduct. Women’s rights activists have praised the Supreme Court’s decision. Activist Yogita Bhayana said that it was being demanded for a long time that it should be implemented at the earliest. Bhayana further said, ‘Justice Chandrachud has given a strong message. Its demand was rising since the Nirbhaya rape case. Although the law prohibits the two-finger test, the challenge lies in the training of doctors. Victims of sexual assault are asked embarrassing questions and many doctors are not even trained to conduct tests. He said that in such a situation, there is a need to educate doctors and Nirbhaya Fund can be used for this purpose.

Rape Victims, Two-Finger and Justice
In 2015, the Delhi government had issued a circular to hospitals stating that the two-finger test can be done with the consent of the rape victim. It was further said that the complete ban on two-finger test could be injurious to the health of the victim and would not lead to justice. However, this circular was withdrawn after criticism and protest from activists. After this, the government had banned the testing of rape victims during forensic examination.

Where did this disgusting test get involved in medical studies? Supreme Court said, two-finger is no more
Delhi Commission for Women chief Swati Maliwal said it was unfortunate that state governments across the country failed to implement the ban despite the Supreme Court asking it to stay in 2013.

Maliwal said, “Two-finger test is a very patriarchal and unscientific process. This should never be done. That part of the Supreme Court order is welcome, which says that action will be taken against the doctors doing this test. We commend the court for asking the two-finger test to be removed from the study material. He also said that now it is up to the governments to ensure that this order is strictly followed.

Supreme Court News: What is the ‘two finger test’ to be done in rape cases? Why did the Supreme Court express its displeasure?
Many gynecologist doctors in government hospitals also say that this test was done on the basis of the condition of the victim and that too when she asked for it. A doctor from a government hospital said, “If such cases come to the OPD, we used to do the test only when the woman requested for confirmation of the rape case. There is no pain in this process.

An official of the government hospital said that the test of the vagina was done only when it was really needed. He said a lot depends on the condition of the victim.

Maliwal said, ‘We are alert on this matter. Due to awareness, complaints about this have not come in the last few years. But if the Supreme Court has said such a thing again, it means that it is happening. The chairperson of the Delhi Commission for Women said that we want to tell the women that if the two-finger test has happened with them, then they should come forward and take up the matter with us.

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