The Madras High Court on Tuesday warned doctors of being found guilty of misconduct if they continue to perform a ‘two-finger test’ or per vaginum examination on victims of sexual assault, despite a series of judgements passed against it by the Supreme Court since 2013.
Justices S.S. Sundar and Sunder Mohan were shocked to find a doctor at a government maternity hospital in Chennai having conducted the two-finger test in March 2020 on a 15-year-old girl who had been subjected to aggravated penetrative sexual assault by her father.
Arguing an appeal filed by the convict, senior counsel R. Rajarathinam pointed out that the medico-legal examination report read: “Pubic hair normal. Hymen not intact. Easily permits 2 fingers. Cervix pointing downwards, uterus anteverted, normal size, fornices free, no bleeding.”
He wondered how the doctor could have conducted the two-finger test despite the Supreme Court in Lillu alias Rajesh versus State of Haryana (2013) having held that medical procedures should not be carried out in a manner that constitutes cruel, inhuman, or degrading treatment and that health should be of paramount consideration while dealing with gender-based violence.
“Undoubtedly, the two-finger test and its interpretation violate the right of rape survivors to privacy, physical and mental integrity, and dignity,” he quoted the Supreme Court as saying.
Concurring with his submissions, the Division Bench led by Justice Sundar said: “We notice regrettably that a two-finger test had been conducted in the instant case, though the Supreme Court and this court, in several cases, have repeatedly held that such a test is neither acceptable nor desirable to ascertain whether the victim was subjected to sexual intercourse.”
Authoring the verdict, Justice Mohan wrote: “We take this opportunity to remind the doctors that if they conduct any test in contravention of the directions of the Supreme Court in the State of Jharkhand versus Shailender Kumar alias Pandav Rai (2022), they shall be guilty of misconduct.”
