{"id":212872,"date":"2022-11-03T18:14:01","date_gmt":"2022-11-03T12:44:01","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=212872"},"modified":"2022-11-03T18:14:01","modified_gmt":"2022-11-03T12:44:01","slug":"two-finger-test-in-rape-cases-executive-must-summon-the-political-will-to-implement-supreme-courts-directive","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/two-finger-test-in-rape-cases-executive-must-summon-the-political-will-to-implement-supreme-courts-directive\/","title":{"rendered":"Two-finger test in rape cases: Executive must summon the political will to implement Supreme Court\u2019s directive"},"content":{"rendered":"\n

Source<\/strong>: The post is based on the article \u201cTwo-finger test in rape cases: Executive must summon the political will to implement Supreme Court\u2019s directive<\/strong>\u201d\u00a0<\/strong>published in\u00a0the Indian Express <\/b>on\u00a03rd<\/sup>\u00a0November 2022<\/strong>.<\/p>\n

Syllabus<\/strong>: GS 2 \u2013 mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.<\/p>\n

Relevance<\/strong>: About the \u2018two-finger\u2019 test and its elimination.<\/p>\n

News<\/strong>: Recently, the Supreme Court has declared that any person conducting the invasive \u2018two-finger\u2019 or \u2018three-finger\u2019 vaginal test on rape or sexual assault survivors will be found guilty of misconduct.<\/p>\n

What is a two-finger test, and What did the Supreme Court say about the two-finger test?<\/h5>\n\n\n\n
Read here: Anyone conducting \u2018two-finger\u2019 test on sexual assault survivors will be held guilty of misconduct: Supreme Court<\/a><\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n
What are the concerns associated with the two-finger test?<\/h5>\n

Legal scholars believe the two-finger test allows for \u201cmedicalisation of consent\u201d where women\u2019s bodies are given precedence over their voices. So, the two-finger test is an invasion of privacy and a violation of a survivor\u2019s dignity. The test also signifies the patriarchal notions about rape.<\/p>\n

The prevalence of the test also highlight the poor state of forensic medicine infrastructure in India. Further, there is a lack of awareness amongst the medical community about the unscientific nature of the two-finger test.<\/p>\n

What is the present status of the two-finger test?<\/h5>\n

Based on the recommendations of the Justice J S Verma Committee Report<\/strong>, the Ministry of Health & Family Welfare issued guidelines for medico-legal care for survivors of sexual violence. These guidelines explicitly prohibited the two-finger test and discussed the need for training medical examiners to respond to the needs of the survivors in a sensitive and non-discriminatory manner.<\/p>\n

Lillu @ Rajesh v. State of Haryana (2013) case<\/strong>: In this case, the court prohibited the test. But despite that, the two-finger test still remains a reality.<\/p>\n

What is the significance of the recent judgment on the two-finger test?<\/h5>\n

Address the Lack of political will to enforce the guidelines<\/strong>: The Court commented on the sorry state of affairs and issued directions to the government to enforce the protocol including the emphasis on workshops and the medical school curriculum.<\/p>\n

Guidance to medical practitioners<\/strong>: The Court took a step further by holding a person conducting the two-finger test on a rape survivor guilty of misconduct.<\/p>\n

What needs to be done to completely rule out the two-finger test?<\/h5>\n

The government has to undertake a comprehensive pan-India review to assess the nature and extent of the problem and rely on an evidence-based approach to addressing the problems of implementation.<\/p>\n","protected":false},"excerpt":{"rendered":"

Source: The post is based on the article \u201cTwo-finger test in rape cases: Executive must summon the political will to implement Supreme Court\u2019s directive\u201d\u00a0published in\u00a0the Indian Express on\u00a03rd\u00a0November 2022. Syllabus: GS 2 \u2013 mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections. Relevance: About the \u2018two-finger\u2019 test and its… Continue reading Two-finger test in rape cases: Executive must summon the political will to implement Supreme Court\u2019s directive<\/span><\/a><\/p>\n","protected":false},"author":10311,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,9],"tags":[212,10500],"class_list":["post-212872","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-public","tag-gs-paper-2","tag-indian-express","entry"],"jetpack_featured_media_url":"","views":{"total":0,"cached_at":1700796476,"cached_date":1701435904},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/212872","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10311"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=212872"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/212872\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=212872"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=212872"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=212872"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}