Leading Supreme Court Judgment banning two-finger test of Rape Victim as violative of human rights.

 In view of International Covenant on Economic, Social, and Cultural Rights 1966; United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power 1985, rape survivors are entitled to legal recourse that does not retraumatize them or violate their physical or mental integrity and dignity. They are also entitled to medical procedures conducted in a manner that respects their right to consent. Medical procedures should not be carried out in a manner that constitutes cruel, inhuman, or degrading treatment and health should be of paramount consideration while dealing with gender-based violence. The State is under an obligation to make such services available to survivors of sexual violence. Proper measures should be taken to ensure their safety and there should be no arbitrary or unlawful interference with his privacy. {Para 12}

13. Thus, in view of the above, undoubtedly, the two finger test and its interpretation violates the right of rape survivors to privacy, physical and mental integrity and dignity.

 IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 1226 of 2011

Decided On: 09.04.2013

Lillu and Ors. Vs. State of Haryana

Hon'ble Judges/Coram:

B.S. Chauhan and F.M. Ibrahim Kalifulla, JJ.

Citation: AIR 2013 SC 1784,MANU / SC / 0369 / 2013,( 2013 ) 14 SCC 643.

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Questions and answers on law(Part 59)

 Q 1:-  In which of the following cases, the Supreme Court, for the first time, held that the two-finger test and its interpretation violates the right of rape survivors to privacy, physical and mental integrity and dignity?

Ans:-  Lillu @ Rajesh & Anr Vs State Of Haryana

2. In which of the following cases, the Supreme Court has recently held that 'any person who conducts the "two-finger test" while examining a person alleged to have been subjected to a sexual assault shall be guilty of misconduct'?

Ans;- State of Jharkhand Vs Shailendra Kumar Rai @ Pandav Rai In this case Supreme Court held that the "two-finger test" or pre vaginum test must not be must not be conducted - It has no scientific basis and neither proves nor disproves allegations of rape. It instead re-victimizes and re-traumatizes women who may have been sexually assaulted, and is an affront to their dignity.

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