The Himachal Pradesh High Court, in a significant judgment, has ordered a compensation of ₹5 lakh to a rape victim who was subjected to the controversial two-finger test.
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The Himachal Pradesh High Court, in a significant judgment, has ordered a compensation of ₹5 lakh to a rape victim who was subjected to the controversial two-finger test. The division bench, consisting of Justices Tarlok Singh Chauhan (as in above image) and Satyen Vaidya, expressed strong disapproval of the test, which has been banned by the Supreme Court due to its violation of the victim’s rights to privacy, physical and mental integrity, and dignity. The court said,
“The gross insensitivity shown by all those, who had designed the MLC and its columns, cannot go unnoticed,” the Court said.
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The Court’s decision came while addressing an appeal filed by the accused in a case involving the rape of a minor girl. In its ruling, the Court emphasized,
“Since ‘two-finger test’ is violative of right of rape survivors to privacy, physical and mental integrity and dignity, therefore, in the given background, the respondents are directed to pay a sum of Rs.5 lakh as compensation to the child victim for the trauma, embarrassment, humiliation and harassment having been caused to her at the hands of the Doctors in the Civil Hospital Palampur,”,
therefore, in the given background, the respondents are directed to pay a sum of Rs.5 lakh as compensation to the child victim for the trauma, embarrassment, humiliation, and harassment having been caused to her at the hands of the Doctors in the Civil Hospital Palampur.”
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Furthermore, the Court took issue with certain questions in the proforma prepared by the hospital, including inquiries about the victim’s virginity. The Court declared this proforma to be bad in law, highlighting that it completely disregards Section 53A of the Indian Evidence Act, which states that evidence of character or previous sexual experience is not relevant in certain cases.
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The bench also noted that the proforma violates guidelines and protocols issued by the Ministry of Health and Family Welfare for health professionals dealing with survivors of sexual violence.
“From the perusal of the aforesaid guidelines, it is clear that ‘two-finger test’, which as per the medical term, is called ‘per-vaginum examination’ has been strictly prohibited under these guidelines and protocols,” the Court stated.
In addition to the compensation, the Court directed the State to conduct an inquiry against the doctors who designed the proforma and those who conducted the medical examination of the victim. The Court clarified that the financial liability could be recovered from these medical professionals post-inquiry, and the fact that some of these doctors have retired should not hinder the process.
The Court’s order is a landmark in upholding the dignity and rights of rape survivors, sending a clear message against the use of outdated, invasive, and humiliating practices in medical examinations. This judgment is a significant step towards ensuring justice and respect for survivors of sexual violence.
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