The Himachal Pradesh High Court’s recent decision to outlaw the “two-finger test” for rape survivors is a major step in the right direction towards defending the rights and dignity of victims. The division bench, which is made up of Justice Satyan Vaidya and Justice Tarlok Singh Chauhan, delivered a detailed ruling highlighting the unethical and illegal nature of this contentious medical test.
The case started because a teenage rape convict filed an appeal, drawing attention to the insensitive and callous application of the “two-finger test.” This technique, also known as the “per-vaginum examination,” involves prodding the victim’s vagina with fingers in order to assess their sexual history and determine whether or not rape occurred. The court’s decision not only condemned the practice but also penalized a doctor from Civil Hospital, Palampur, Rs five lakhs for recommending and performing the test in violation of established standards.
The court vehemently denounced the application of the “two-finger test,” highlighting how it violates the privacy, dignity, and physical and mental integrity of the victim of sexual assault. It brought to light the additional anguish and terror that were inflicted upon the child victim, particularly in light of the test’s intrusive and self-incriminating nature.
The decision addressed the systemic problem by directing the immediate removal of such medical examination Medico-Legal Case (MLC) forms from Civil Hospital, Palampur, going beyond simply holding the liable medical professional accountable. The court recognized the need for an examination into the creation of the proforma and insisted on holding the relevant doctors accountable, regardless of their retirement status.
In a daring decision, the court ordered the state to compensate the child victim for the anguish, shame, disgrace, and harassment they endured at the hands of the medical staff by paying them Rs. 5 lakhs. This compensation, which is required in the first place, will be provided by the state and subsequently recouped from the negligent medical professional or professionals following a careful investigation.
The court’s ruling emphasized how crucial it is to uphold the rights of rape survivors and denounced the callousness of the medical experts who created and administered the “two-finger test.” It emphasized the necessity of a change in the way the government and medical professionals treat victims of sexual assault.
The court is committed to putting an end to this antiquated and illegal practice as evidenced by its order to all health practitioners in the state of Himachal Pradesh to abstain from doing the “two-finger test” or risk prosecution under the Contempt of Courts Act. It indicates an understanding of the psychological and emotional toll such tests take on survivors and stresses the legal need to defend their rights.The court called for the government to address issues in government hospitals and emphasized the need for tact when dealing such instances, even as it applauded the Union Health Ministry’s “progressive and practical” directives. The decision sets a precedent for other jurisdictions to review their policies and make sure that victims of sexual assault receive the respect and dignity they are entitled to.
In summary, the ruling by the Himachal Pradesh High Court is an important turning point in the ongoing fight for the rights of victims of sexual assault. The court has delivered a strong message about the value of respect, confidentiality, and tact in the medical evaluation of rape survivors by outlawing the “two-finger test” and prosecuting accountable parties. It is anticipated that this historic ruling would significantly alter the legal and medical procedures surrounding sexual assault cases all around the nation.
