RANCHI: In a landmark judgment, the Jharkhand High Court has directed the State Government to ensure complete prohibition of the controversial two-finger test in all government and private hospitals, holding that the practice violates the privacy, bodily integrity and dignity of rape survivors.
The direction was passed by a division bench of Chief Justice M S Sonak and Justice Rajesh Shankar while hearing a suo-motu public interest litigation (PIL) in connection with the protection and rehabilitation of rape survivors.
“The Department of Home, Jail & Disaster Management, Government of Jharkhand is directed to issue circular 53 2026:JHHC:16350-DB prohibiting 'two finger test' (if not yet issued) in all government and private hospitals/medical institutions with a further direction that violation of the said circular by any person including doctor and para medical staff will be treated as professional misconduct and the erring person will be subjected to departmental proceeding,” stated the court order.
"Any violation of the circular would amount to professional misconduct, and the person responsible would be dealt with strictly in accordance with the law," it added.
In addition to that, the court also issued a series of directions to the state government, including mandatory registration of Zero FIRs and measures to ensure free education and welfare support for children born out of rape.
The court has also directed the state government to appoint nodal officers to ensure free and compulsory education for children born out of rape until Class 12.
The court further directed the state government that such children be provided scholarships if they secure admission to premier institutions such as IITs, NITs, AIIMS, IIMs and other higher educational institutions.
Expressing concern over the treatment of rape survivors, the court observed that victims are often subjected to social ridicule “as if they are the accused” and face ostracisation that causes immense psychological distress to both them and their families.
“Even the family members of the victims have to suffer due to the incident of rape. There are also cases where the victims and their family members face difficulty in residing at their original place of residence due to the indifferent attitude of the neighbours, compelling them to leave the said place. This requires social sensitisation,” observed the court.
Hoping that the victim-blaming public attitude will gradually change, the court, however, directed the state that if the victims and their family members want to shift from their place of residence to some other place, it must have a mechanism to rehabilitate them at a place they wish to reside.
“We are hopeful that the victim-blaming public attitude will gradually change,” said the court.
The bench underscored that it is the responsibility of police officers to deal with rape survivors with utmost sensitivity, and statements of survivors should preferably be recorded by a woman police officer not below the rank of Sub-Inspector.
The court further directed the state to ensure adequate training for police personnel dealing with sexual violence cases and to conduct regular sensitisation programmes to enhance their understanding and response to survivors' needs.
Stressing a survivor-centric approach, the court observed that police officers must create a safe, supportive and empathetic atmosphere while recording statements, enabling survivors to speak freely and without apprehension.
The court also directed that survivors should not be subjected to any form of force, intimidation or undue pressure during the course of the investigation.
