NEW DELHI: The Supreme Court will today continue the hearing the controversial two finger test case.
Earlier in May, the apex court had held that the two-finger test on a rape victim violates her right to privacy, and asked the government to provide better medical procedures to confirm sexual assault.
A bench of Justices B.S. Chauhan and F.M.I. Kalifulla said even if the report of the two-finger test is affirmative, it cannot give rise to presumption of consent on part of a rape victim.
Keeping in mind the International Covenant on Economic, Social, and Cultural Rights 1966 and the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power 1985, the apex court said rape survivors are entitled to legal recourse that does not re-traumatise them or violate their physical or mental integrity and dignity.
The two finger test is used to determine if a survivor is habituated to sexual intercourse by determining if the vaginal opening is broad or narrow.
Though the apex court has previously held that the test is not material in determination of consent, it continues to be used.