The Indian Supreme Court Monday reiterated the ban on the two-finger
test as a probe tool to check the validity of claims of a sexual assault
survivor. A bench of justices DY Chandrachud and Hima Kohli observed that it is
unfortunate that the two-finger test is still conducted. The bench added that it
cannot be said that a sexually active woman cannot be raped.

What is the two-finger test?

The two-finger test is largely defined as a regressive practice to check
the virginity of women survivors of sexual assault. The test is carried out under
the misconception that it can be used to determine if a woman has had vaginal
intercourse.

Also Read | India Supreme Court calls ‘two-finger test’ a violation of woman’s dignity

During the test, two fingers are inserted into a female’s vagina to
check the laxity of vaginal muscles. The test is based on the assumption,
deemed patriarchal, that a woman who is sexually active is less likely to be
sexually assaulted.

However, there is a breadth of research work that shows a person’s
sexual history has no bearing on sexual assault.

What’s behind the Supreme Court’s observation?

The Indian Supreme Court’s observation came as it reiterated its 2013
order banning the use of the two-finger test as a method to check claims of
women alleging sexual assault. At the time, the apex court had called the
two-finger test a violation of a woman’s dignity.

On October 31, 2022, the Supreme Court overturned a decision of the
Jharkhand High Court acquitting a rape and murder convict. The apex court
upheld a decision of a trial court holding the accused guilty.

The Supreme Court also directed the Union government as well as states
to ensure that the two-finger test is not conducted. The Court added that any
person conducting the two-finger test will be held guilty of misconduct.

The Court further called upon the Centre and state governments to take steps
to remove study material on the two-finger test from the curriculum of
government and private medical colleges.