Partner organization: National Council for Women Leaders
*The petition has also been signed and endorsed offline by 24,491 citizens
TW: Sexual Assault
Representations of survivors of sexual assault tend to always involve a silent victim with no agency at all. What role do medical practitioners play in perpetuating this representation?
Read below to understand what the two-finger test is, why it should not be practiced, and how you can join us in ending the unscientific and invasive practice.
What is the two-finger test?
In India, in addition to other processes, survivors have to undergo a set of medical tests, which includes the unscientific “two finger test” (or the ‘virginity’ test). This invasive test involves a medical practitioner inserting two fingers into the vagina of a rape survivor. Instead of examining for signs of rape and sexual assault, the test looks to determine the “breakage of hymen,” as well as “test the laxity of the vagina” - which are traditionally patriarchal and scientifically invalid ways of determining the character and ‘virginity’ of a person with a vagina.
The breakage of hymen can also be independent of the sexual history of a person with a vagina. Another cause for hymen breakage may also be regular physical activities and exercises. Alternately, in children the hymen can even stay intact during penetration and sexual assault.
The test also hyperfixates on penetrative penovaginal sexual intercourse as a defining sign of rape. This is despite the fact that several legal amendments have further expanded the scope of definition of rape. In addition to being violative, the two-finger test is inconsequential in cases of sexual violence.
While the test has been banned and rendered defunct legally because it has no “scientific validity”, it continues to be practiced. Such a violative test also evades the question of consent, framing the survivor in a position of passive victimhood, further disrespecting their personhood and dignity.
Through this abusive practice, medical practitioners falsely ‘determine’ a survivor’s sexual history and make the incorrect assumption that a “sexually active person cannot be raped.” Such a practice relies on shaming the survivor. It also maintains the patriarchal understanding that sees the survivor either as a person incapable of expressing their trauma.
Why is it unconstitutional?
The Indian Constitution’s Article 21 declares that “no person shall be deprived of their life or personal liberty except according to procedure established by law.”
In 2013 the Supreme Court of India (SC) declared the two-finger test to be unconstitutional. It stated that the test “violates the right of rape survivors to privacy, physical and mental integrity and dignity.” Since then, the violative test has been banned. But, it continues to be commonly practiced to-date. In 2014, India’s Ministry of Health issued Guidelines which also specifically state that the ‘two-finger test’ must not be conducted.
In October 2022, the SC restated that the ‘two-finger test’ to be unconstitutional in cases of sexual assault.
What is the issue?
Even though the test has been banned and is unconstitutional it continues to be practiced all over India. The Guidelines laid-out by the Ministry of Health have not been adopted across India, nor are they being enforced. Moreover, breaches of the law do not face any legal repercussions. This impunity has allowed for the continuation in the practice of the two-finger test.
Given this, the Indian government has reaffirmed its commitment to delivering justice for people who have experienced violence. Medical practitioners, who are often the first people a survivor may interact with, should ensure that they treat the sexual assault survivors with respect, establish a safe environment of trust for treatment and assessment, and offer essential support rather than maintaining patriarchal traditions the denigrate survivors.
DEMANDS
Implementation of the following.
1. Enforce strict compliance and pass a government resolution to ensure that all medical facilities, both public and private, strictly adhere to the ban on the two finger test on the rape survivors. Implement stringent monitoring mechanisms to identify any instances of non-compliance and take appropriate disciplinary action against those involved.
2. Ensure strict implementation of MoHFW’s guidelines and protocols with regards to the ‘Medico-legal care for survivors/victims of Sexual Violence’.
3. Launch nationwide awareness campaigns for medical professionals, law enforcement agencies, and the general public to educate them about the ban on the test, negative implications of the two finger test and the importance of treating survivors with respect, compassion, and sensitivity.
4. Conduct comprehensive and compulsory training programs for healthcare providers, law enforcement officers, and legal professionals on trauma-informed care, survivor support, and recognising scope and limitations of medical evidence in rape adjudication.
5. Ensure that all survivors of sexual assault have easy access to specialized support services, including counseling, legal aid, and shelters, to facilitate their physical and emotional recovery.
6. Disseminate module on gender sensitive clinical care for rape survivors in undergraduate medical education institutions.
What can you do?
- Spread awareness on how this practice continues to be in practice.
- Join us by signing the petition to demand the end of the unscientific and unconstitutional two-finger test.
- Collaborate with law universities and colleges to educate students about the amendments relating to sexual violence and assault.
- Submit memorandums at block, district and state level to the concerned authorities to end this practise.
Read more on our blog: https://news.jhatkaa.org/unmasking-the-two-finger-test-patriarchy/
Partner organization: National Council for Women Leaders
*The petition has also been signed and endorsed offline by 24,491 citizens
TW: Sexual Assault
Representations of survivors of sexual assault tend to always involve a silent victim with no agency at all. What role do medical practitioners play in perpetuating this representation?
Read below to understand what the two-finger test is, why it should not be practiced, and how you can join us in ending the unscientific and invasive practice.
What is the two-finger test?
In India, in addition to other processes, survivors have to undergo a set of medical tests, which includes the unscientific “two finger test” (or the ‘virginity’ test). This invasive test involves a medical practitioner inserting two fingers into the vagina of a rape survivor. Instead of examining for signs of rape and sexual assault, the test looks to determine the “breakage of hymen,” as well as “test the laxity of the vagina” - which are traditionally patriarchal and scientifically invalid ways of determining the character and ‘virginity’ of a person with a vagina.
The breakage of hymen can also be independent of the sexual history of a person with a vagina. Another cause for hymen breakage may also be regular physical activities and exercises. Alternately, in children the hymen can even stay intact during penetration and sexual assault.
The test also hyperfixates on penetrative penovaginal sexual intercourse as a defining sign of rape. This is despite the fact that several legal amendments have further expanded the scope of definition of rape. In addition to being violative, the two-finger test is inconsequential in cases of sexual violence.
While the test has been banned and rendered defunct legally because it has no “scientific validity”, it continues to be practiced. Such a violative test also evades the question of consent, framing the survivor in a position of passive victimhood, further disrespecting their personhood and dignity.
Through this abusive practice, medical practitioners falsely ‘determine’ a survivor’s sexual history and make the incorrect assumption that a “sexually active person cannot be raped.” Such a practice relies on shaming the survivor. It also maintains the patriarchal understanding that sees the survivor either as a person incapable of expressing their trauma.
Why is it unconstitutional?
The Indian Constitution’s Article 21 declares that “no person shall be deprived of their life or personal liberty except according to procedure established by law.”
In 2013 the Supreme Court of India (SC) declared the two-finger test to be unconstitutional. It stated that the test “violates the right of rape survivors to privacy, physical and mental integrity and dignity.” Since then, the violative test has been banned. But, it continues to be commonly practiced to-date. In 2014, India’s Ministry of Health issued Guidelines which also specifically state that the ‘two-finger test’ must not be conducted.
In October 2022, the SC restated that the ‘two-finger test’ to be unconstitutional in cases of sexual assault.
What is the issue?
Even though the test has been banned and is unconstitutional it continues to be practiced all over India. The Guidelines laid-out by the Ministry of Health have not been adopted across India, nor are they being enforced. Moreover, breaches of the law do not face any legal repercussions. This impunity has allowed for the continuation in the practice of the two-finger test.
Given this, the Indian government has reaffirmed its commitment to delivering justice for people who have experienced violence. Medical practitioners, who are often the first people a survivor may interact with, should ensure that they treat the sexual assault survivors with respect, establish a safe environment of trust for treatment and assessment, and offer essential support rather than maintaining patriarchal traditions the denigrate survivors.
DEMANDS
Implementation of the following.
1. Enforce strict compliance and pass a government resolution to ensure that all medical facilities, both public and private, strictly adhere to the ban on the two finger test on the rape survivors. Implement stringent monitoring mechanisms to identify any instances of non-compliance and take appropriate disciplinary action against those involved.
2. Ensure strict implementation of MoHFW’s guidelines and protocols with regards to the ‘Medico-legal care for survivors/victims of Sexual Violence’.
3. Launch nationwide awareness campaigns for medical professionals, law enforcement agencies, and the general public to educate them about the ban on the test, negative implications of the two finger test and the importance of treating survivors with respect, compassion, and sensitivity.
4. Conduct comprehensive and compulsory training programs for healthcare providers, law enforcement officers, and legal professionals on trauma-informed care, survivor support, and recognising scope and limitations of medical evidence in rape adjudication.
5. Ensure that all survivors of sexual assault have easy access to specialized support services, including counseling, legal aid, and shelters, to facilitate their physical and emotional recovery.
6. Disseminate module on gender sensitive clinical care for rape survivors in undergraduate medical education institutions.
What can you do?
- Spread awareness on how this practice continues to be in practice.
- Join us by signing the petition to demand the end of the unscientific and unconstitutional two-finger test.
- Collaborate with law universities and colleges to educate students about the amendments relating to sexual violence and assault.
- Submit memorandums at block, district and state level to the concerned authorities to end this practise.
Read more on our blog: https://news.jhatkaa.org/unmasking-the-two-finger-test-patriarchy/