Jharkhand HC Bans Two-Finger Test For Rape Survivors
In a landmark judgment, the Jharkhand High Court has directed the state government to completely ban the controversial two-finger test in all government and private hospitals across the state.
The order was issued by a division bench comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar while hearing a suo motu Public Interest Litigation (PIL) related to the protection and rehabilitation of rape survivors.
The court directed the Department of Home, Jail and Disaster Management to issue a circular prohibiting the two-finger test and warned that any violation by doctors or paramedical staff would be treated as professional misconduct.
The court stated that strict departmental action must be taken against those found conducting the test.
The two-finger test, a discredited medical practice once used during rape examinations, involved assessing a survivor’s vaginal laxity to make assumptions about her sexual history.
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Medical experts and courts have repeatedly stated that the test has no scientific basis and violates a woman’s privacy, dignity, and bodily autonomy.
Apart from banning the practice, the High Court also ordered the mandatory registration of Zero FIRs in sexual assault cases to ensure survivors can report crimes without jurisdiction-related delays.
The court further directed the state government to ensure free and compulsory education up to Class 12 for children born out of rape.
Nodal officers will be appointed to oversee the implementation of this directive.
In addition, such children will be provided scholarships if they secure admission to premier institutions such as IITs, NITs, AIIMS, IIMs and other higher educational institutions.
Expressing concern over the treatment of rape survivors, the court observed that victims often face social stigma and are treated “as if they are the accused.” It noted that survivors and their families frequently suffer emotional trauma, discrimination and even displacement from their communities.
To address this issue, the court directed the government to create a rehabilitation mechanism for survivors and their families who wish to relocate due to social hostility.
The High Court also stressed the need for a survivor-centric approach during investigations.
It directed that statements of rape survivors should preferably be recorded by a woman police officer not below the rank of Sub-Inspector.
The state was also asked to conduct regular training and sensitisation programmes for police personnel handling sexual violence cases.
The court emphasised that survivors must be treated with dignity, sensitivity and empathy, and should never face intimidation, pressure or coercion during investigations.
