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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LLM Notes: Sexual Abuse as a Serious Offense and Violation of Human Rights: Leading Supreme Court Judgments {Part 2}

Sexual abuse represents one of the most heinous crimes against human dignity. The Supreme Court of India has consistently held that sexual assault violates the fundamental rights guaranteed under Articles 14, 15, and 21 of the Constitution of India, including the right to life, dignity, equality, and personal liberty. This compilation presents landmark judgments categorized thematically for easy understanding and memorization.​

Foundational Principle: Rape as Violation of Fundamental Rights

Bodhisattwa Gautam vs. Subhra Chakraborty (1996)

This is the cornerstone judgment establishing that rape violates constitutional rights.

Key Holdings:

• Rape is not merely a crime under the Indian Penal Code—it is a violation of the fundamental right to life and personal dignity under Article 21.

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