A bench of Justice KM Joseph and Justice Hrishikesh Roy was hearing a plea seeking action against hate speech in the Supreme Court.
The Supreme Court on Monday prohibited the use of the “two-Finger Test” in rape cases and warned that persons conducting such tests will be held guilty of misconduct.
The Supreme Court of India has previously held that the two-finger test on a rape victim violates her right to privacy, and asked the government to provide better medical procedures to confirm sexual assault.
The two-finger test entails a medical inspection of the female hymen.
Referring to various international covenants, the Supreme Court has time and again held that rape survivors are entitled to legal recourse that does not violate their physical or mental integrity and dignity.
Keeping in mind the International Covenant on Economic, Social, and Cultural Rights 1966 and the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power 1985, the apex court said, rape survivors, are entitled to legal recourse that does not re-traumatise them or violate their physical or mental integrity and dignity.
