The Madras High Court recently directed the State government to ban conducting the two-finger test on victims of sexual offenses by doctors and medical professionals.
Accordingly, the court further observed that this test is still being used in matters of a sexual offense, especially against minors.
The Bench of Justices R Subramaniam and N Sathish Kumar while hearing a petition filed by a man convicted for sexually assaulting a minor who sought to set aside his sentence of life imprisonment made these observations.
Earlier several High Court and the Supreme Court have made similar rulings that the two-finger test and its interpretation violates a rape survivor’s right to dignity, privacy, and the right to mental and physical integrity.
The instant case relates to an alleged sexual assault on a 16-year-old girl, the Mahila Court found the accused guilty and sentenced him to life imprisonment under the POCSO Act, After the two-finger test was performed on the girl.
Besides, the accused was also sentenced to rigorous imprisonment of seven years u.s 363 of IPC along with a fine of Rs 1.2 lakh.
The Madras High Court also observed after perusing the facts of the case and material on record opined that the girl went to the accused on her own and also did not attempt to escape from his custody.
Further, the court reduced the life sentence to twenty years of rigorous imprisonment.
Title: Rajivgandhi vs the State
Case No.: Crl (Appeal) MD No.: 354/2021
