TWO-FINGER TEST AKIN TO TORTURE

INTRODUCTION

The Two-Finger Test, also known as the virginity test, is a test performed by the medical experts by inserting two fingers into the victim’s vagina which is used to determine the looseness of a limb or muscle and also about the victim activity like whether she is sexually active or not. Many studies and experts have figured out that the two-finger test or PV test is a very old technique and which also does not meet all the scientific measures in today’s time and the result is non-scientific most of the time, often resulting in creating problems in investigation and creating more problems for justice. This method does not rule out clearly whether there was sexual violence, and this method does not talk about the previous sexual intercourse with scientific assurance and does not prove previous sexual intercourse. Hymen ought to in this way be dealt with like some other parts while reporting assessment discoveries in instances of sexual brutality.

TWO-FINGER TEST VIOLATION OF NATIONAL AND INTERNATIONAL LAW

The Two-finger Test is a complete violation of the rights that are provided to the victim by the constitution of India. This test is also a complete violation of the security and dignity of women. It becomes a glaring violation of women’s dignity especially when it is done without her informed consent. This test is so ridiculous to be physically mishandled and afterward need to go through a particularly awful cycle of torture.

Planning Commission’s Working Group headed by Secretary, Women and Child Development Ministry, in its report, recommended that this test should be abolished to save victims of sexual abuse. This report also recommended making procedures more women and child-friendly. The social activist on the other hand had termed Two-Finger Test as “unscientific and degrading”.

Hon’ble SC of India in Lillu @ Rajesh and Anr. vs State of Haryana[1] has held that this test is a complete violation of the right to privacy of a rape victim and the Hon’ble Supreme court ordered the government to give proper medical treatment to a rape victim and right medical steps must be performed for the confirmation of sexual assault. The Hon’ble SC said that this test is against the law and infringes the right to privacy of the rape victim, physical and mental integrity, and dignity of the rape victim also. Medical procedures ought not to be done in the way that establishes remorseless, brutal, or debasing treatment and wellbeing ought to be of fundamental thought while managing sexual orientation-based viciousness. The State is in a position to make a commitment to perform such administrations accessible to overcomers of sexual savagery. Appropriate steps ought to be taken to guarantee their wellbeing and there ought to be no self-assertive or unlawful obstruction with her security.

Justice Verma’s report has directed the termination of this test as this test is a complete violation of the right to privacy of the victim. This test is just one of the problems that afflict services for women who have been raped and now the time has come to bring a change in the reforms of our medical and health system policy and practice. The SC has through various judgments held that this test must not be performed and that the past sexual experience of the victim should not be relied upon for determining the consent given by the victim.”

This Test is also a complete disregard of human rights mainly outlawing against vicious, inhumane, and degrading treatment under Article 16 of the United Nations Conventions Against Torture (UNCAT) and Article 7 of the International Covenant on Civil and Political Rights (ICCPR) as the practice is cruel and humiliating and conducted in a manner which indirectly punishes and subdue the innocent victim.

The International Conference on Population and Development (ICPD) Report published in 1994 also issued a call to eliminate all those practices that grounded in the idea of sexual discrimination. The 1993 Vienna World Conference also made a declaration to abolish the archaic prejudicial and customary practices, including Two-Finger Test.

TWO-FINGER TEST SIMILAR TO TORTURE

The circumstance escalates when the casualty is needed to go through an endless loop of agony and torment. One social laborer phrased her experience as “I felt that this is so ridiculous to be physically mishandled and afterward need to go through a particularly awful cycle of torture”. Besides being a type of torment, the two-finger test can readily affect the existence of casualties.

Occasions can be discovered where ladies end it all or are killed for the sake of family honor since they couldn’t qualify the supposed test, hence abusing the essential right to life of the person in question. The antagonistic impacts are pretty much a copy of the first demonstration of sexual viciousness, subsequently prompting re-stigmatization and affronts after an attack.

RECOMMENDATIONS

Medical clinics should utilize assault units for a rape criminological test which incorporates packs and paper sheets for proof assortment, brush, documentation structures, envelopes, directions, materials for blood tests, swabs. Each police headquarters should incorporate a rape cell thinking about the expanding pace of sexual violations and an uncommon group should be named including female specialists, orderlies, and cops. Specialists should not remark on whether the casualty was acclimated to sexual movement or remark upon the past of young lady and Trial and Appellate courts should in no chance acknowledge any type of clinical assessment on if the casualty is adjusted to sex and the measurable Tests should be directed by Gynecologist woman specialist and when the test is performed by male specialists then it should be performed with the assistance of female nurses.

CONCLUSION

Rape is an intolerable cruel demonstration that censures the virtue of our beloved culture and a Test like this is another barbaric and informal cycle assaulting the legal, social right to protection and this causes an extreme hit to her psychological, physical, social, and moral status and this type of tests ought to be denounced, rigorously denied by ordering altered laws which are consistently applied everywhere in the country. There should be legitimate advising of the casualty who has experienced such merciless demonstration and her future conduct and exercises ought to be recorded to give her better interview for working on her wellbeing and mental status.

Author(s) Name: Kartikay Pawar (HPNLU, Shimla)

[1] (2013) 14 SCC 643

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