India's Top Court Bans Two-Finger Vaginal Test on Rape Victims

Virginity tests were banned in India in 2013, but the victims of rape and sex assault have still been subjected to them to establish sexual intercourse by checking whether their vaginal opening is narrow or broad. The matter is controversial because the hymen examination alone is inconclusive as evidence in cases of rape or sexual assault.

The Supreme Court of India on Monday banned two- or three-finger vaginal tests for rape survivors, saying if any person, including a medical professional, is found conducting this test on the victim, they will be charged with misconduct.

In its observation, the two-member bench led by Justice D.Y. Chandrachud said the only reason this test is conducted on survivors is to check if a woman is sexually "habituated" to intercourse or not, which is irrelevant to the fact whether she was raped or not.

Slamming the test as a "violation of women's dignity and privacy," the bench said that "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 so-called test has no scientific basis, and is an invasive method of examining rape survivors... Instaed, it re-victimizes and re-traumatizes women. The two-finger test must not be conducted," Justice Chandrachud concluded.

Already in 2013, the Supreme Court ruled that the two-finger test for rape victims violates their right to privacy and requested that the government provide better medical procedures to confirm sexual assault.

Despite the ban, this practice is still being conducted today, the court said.

According to Live Law, the court heard the matter filed against the Telangana High Court judgement that overturned the conviction record by a trial court in a rape case.