Enforcing the ban on the two-finger test

Source: The post is based on an article “Enforcing the ban on the two-finger test” published in The Hindu on 10^th November 2022.

Syllabus: GS 2- Governance

News:  Supreme court has banned on conducting the ‘two-finger test’ on rape or sexual assault survivors.

What was said by the SC?

The court said that two-finger test has no scientific basis as it neither proves nor disapproves allegations of rape.

Moreover, the SC in Lillu v. State of Haryana (2013) had also held that the two-finger test violates the right of rape survivors.

When was two-finger test for rape survivors started?

It started in 2014 after the guidelines were issued from the Union Ministry of Health.  It directed health providers to conduct a medical examination as per the guidelines and a copy of the report should be given to the victim.

These guidelines were circulated to hospitals. However, it seems that the instructions were not taken seriously by the doctors handling medico-legal cases.

What are the reasons behind misinterpretation of the guidelines by doctors?

Lack of awareness: There is lack of awareness amongst doctors regarding recent judgments and there is no institutional platform to share such judgments with medical practitioners. The Supreme Court has said that workshops must be conducted to spread awareness.

Lack of coordination: There is a lack of coordination and interaction between the Health Ministry and Home Ministry. These both departments get involved in any medico-legal cases.

Inter-Operable Criminal Justice System (ICJS): The Health Department is not one of the pillars of the ICJS. It is an extension of the Crime and Criminal Tracking and Network Systems under the Home Ministry. This creates a gap between the two Departments.

Roll Call: It is an old system followed by police every day to share information, allocated duties and explain the orders of senior officers to the police personnel. However, this practice has lost its importance.

This is evident that cases under Section 66A of the IT Act were still registered despite being scrapped by SC. Therefore, the system of daily roll call must be revived at all police stations.

Inappropriate communication channels: The communication channels between the heads of department and the officers are never direct and straight.

What can be the course of action?

First, an institutional mechanism needs to be developed to ensure the proper sharing of information amongst the stakeholders in the criminal justice system.

Second, the medico-legal section of the Health Department needs to be integrated with the ICJS.

Third, training and communication channels need to be improved in the medico-legal cases.