Two Finger Test Archives

Virginity test conducted on a female detainee/accused under investigation/custody whether judicial/police is unconstitutional; Delhi High Court issues directions

To hold that conducting virginity test on a woman who is victim of sexual assault and on a woman who may be an accused of an offence will be on different footing or that the earlier will be unconstitutional and the later constitutional, will be a perverse finding and against the intent of the Constitution of India and Article 21. However, this should not mean to be taken to be a shield for the detainee from legitimate interrogation by police as per the procedure established by law.

Legal RoundUp Supreme Court Roundups

Supreme Court October 2022| Justice Dr DY Chandrachud’s confirmation as next CJI; Hijab Ban; Two-finger-test; clarification on some IBC provisions; and more

This roundup revisits the analyses of Supreme Court’s judgments/orders on Hijab Ban Controversy, Punishment for Two-Finger test on sexual assault survivors, Dishonour of Cheques; Insolvency and Bankruptcy Code and more. It also covers reports on confirmation of Justice Dr DY Chandrachud as the next CJI; Justice Hemant Gupta’s retirement; explainers on important law points; career trajectory and important decision of Justice S. Ravindra Bhat and Justice BV Nagarathna.

Case Briefs Supreme Court

Patriarchal & sexist to assume that a sexually active woman cannot be raped; Anyone conducting ‘two-finger’ test will be guilty of misconduct: SC

The “two-finger test” or pre vaginum test has no scientific basis and neither proves nor disproves allegations of rape. It instead re-victimizes and re-traumatizes women who may have been sexually assaulted, and is an affront to their dignity.