Redefining Historical Trajectory

Two-Finger Test is now a punishable misconduct.

- Samir Ranjan Majumdar

I the judgement pronounced on 31st October 2022 in Criminal Appeal No. 1441 of 2022 (State of Jharkhand vs Shailendra Kumar Rai @ Pandav Rai), a Division Bench of the Supreme Court comprising Honourable Justice Dr Dhananjaya Y Chandrachud and Honourable Justice Hima Kohli, not only has imposed a ban on the patriarchal and invasive practice of the two-finger test in a rape case - a move that will change the historical trajectory of rape convictions in India but also attached a punitive action to medical professionals conducting the invasive two-finger test on a victim of sexual assault, raising thereby hopes to finally eliminate the practice from the country.

The Supreme Court said, "The socalled test is based on the incorrect assumption that a sexually active woman cannot be raped. Nothing could be farther from the truth - a woman's sexual history is wholly immaterial while adjudicating whether the accused raped her."

The above judgement is pronounced on an appeal filed by the State of Jharkhand against the acquittal judgement dated 27th January 2018 of the Jharkhand High Court, which had allowed the appeal preferred by Pandav Rai, the accused, and set aside the order of conviction and, consequently, of sentence of Pandav Rai, for offences punishable under Sections 302, 376, 341 and 448 of the Indian Penal Code.