A division bench of Justices DY Chandrachud and Hima Kohli expressed displeasure that such tests were being conducted even today and said that the same had no scientific basis and retraumatised victims of sexual assault
“Evidence of a victim’s sexual history not material to case. It is regrettable that it continues to be conducted even today…The so called test has no scientific basis…it instead re-victimises and re-traumatises women,” the Court said.
The test is based on incorrect patriarchal notion that a a sexually active woman cannot be raped, the Court added.
“The test is based on an incorrect assumption that a sexually active woman cannot be raped … It is patriarchal and sexist to suggest that a woman cannot be believed when she states that she was raped merely because she is sexually active,” the judgment said.
With this, the Bench ordered that any person conducting such a test will be guilty of misconduct.
The judgement also directed the Union Ministry of Health Affairs to ensure that survivors of penetrative sexual assault and rape are not subjected to two finger test.
The Bench asked the Ministry to conduct workshops and communicate the order to all the the Director General of Police across all States.
Source: Barandbench
