INTRODUCTION

The most important feature of adjudication of rape cases in India is the careful medical
examination of rape victims for ascertaining their health, medical needs, collection of evidence,
so examination must be conducted maintaining medical and ethical standards. However, under
the veil of medical examination some erroneous, humiliating and unscientific test is done
infamously called as “TWO FINGER TEST” or “VIRGINITY TEST” that does more of a
character assassination of a rape victim based on her past sexual history. Hence such invasive
method of examination not only proves to be illegal and immoral but also shows the inhumane
attitude of the healthcare system towards the rape survivors. So, when it comes to ethical
standards this test proves that urgent preventive measures need to be taken.

In this piece we attempted to delve into the prevalence of degrading practice such as the two-
finger test, how it is used rampantly and why there should be an end to this awful practice.

2 FINGER TEST AND WHY IS IT ILLEGAL

The two-finger test also known as Per Vaginal test refers to the physical examination of a
women’s vagina to check the laxity of vaginal muscle as well as for the inspection of hymen
whether its intact or not. It is done by inserting two fingers inside the woman’s vagina and the
ease with which the fingers penetrate is directly proportional to her past sexual experience.
Hence, if the fingers penetrate easily it is presumed that she is sexually active and if the fingers
can’t penetrate or find difficulty in sliding then it is presumed that her hymen is intact which is
considered as a proof of her being a virgin. However, various studies have highlighted that status
of hymen cannot be considered to ascertain any woman’s virginity. Research even proves that
the intact hymen does not rule out sexual assault or rape and torn hymen doesn’t really mean
sexual intercourse in the past. This test is not only ethically incorrect but also medically flawed
because it is irrelevant while determining the question of rape whether the woman is “habituated
to sexual intercourse” or habitual to sexual intercourse” and it is an immoral and unreasonable
belief that woman’s testimony of her being raped cannot be trusted merely for the reason that she
is sexually active. This test has no scientific and legal basis, Hence, the rape victim after being
robbed of all her dignity is again raped of her privacy by undergoing such unethical medical
practices.