Ranchi, Jharkhand:
The Jharkhand High Court has ordered a complete ban on the controversial “two-finger test” in all government and private hospitals across the state, observing that the practice violates the fundamental rights of rape survivors, including their right to privacy, dignity, and physical as well as mental integrity.
The court directed the state government to immediately issue a circular prohibiting the use of the test in all medical institutions. It further stated that any violation of this directive will be treated as professional misconduct, and strict departmental action will be taken against doctors or paramedical staff found responsible.
The order was passed by a bench comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar while hearing a suo motu Public Interest Litigation related to the protection, rehabilitation, and welfare of sexual assault survivors in the state.
During the hearing, the court relied on multiple Supreme Court judgments, including Lillu @ Rajesh v. State of Haryana and State of Jharkhand v. Shailendra Kumar Rai @ Pandav Rai, which held that a survivor’s sexual history is irrelevant in cases of sexual violence and cannot be used to assess consent.
The court also referred to the Ministry of Health and Family Welfare’s 2014 guidelines, which clearly prohibit the per vaginum examination (commonly known as the two-finger test), stating that it has no scientific basis and should not be used in medical examination of rape survivors.
It further directed that all hospitals and medical institutions must adopt trauma-informed care practices while handling survivors of sexual assault. The court emphasized the need for mandatory training of doctors, forensic experts, and police personnel to ensure sensitive and dignified treatment of victims.
The bench also suggested reviewing the medical curriculum to remove outdated practices like the two-finger test and ensure adherence to modern scientific and ethical standards.
Reaffirming earlier Supreme Court directions, the High Court noted that any medical professional conducting such a test despite prohibition would be guilty of misconduct and liable for disciplinary action.
The judgment strengthens legal safeguards for rape survivors and reinforces the need for survivor-centric medical protocols across the healthcare system.
