‘Two-Finger Test’ Unconstitutional As Violative Of Woman’s Right To Privacy and Dignity

The Two-Finger Test is a method used by doctors to determine whether a victim is “habituated to sexual Intercourse” by checking the laxity of the vaginal muscles using his fingers. 

This test has been disapproved of by the Supreme Court in a plethora of cases including Rajesh v. State of Haryana and Anr., 2012 wherein the Supreme Court, in its obiter dicta held that the test violated the right to dignity and privacy as enshrined by Article 21 of the Constitution. 

The High Court of Gujrat reinstated this opinion and, further, reminded the State that this was in violation of International Law embodied in the United Nations Declaration of Basic Principles of Justice for Victims of Crime. 

Stating that the test was both immoral and unscientific, the High Court held that this test was in violation of fundamental rights and inadmissible as evidence under Sections 147 and 155 of the Indian Evidence Act. It added, “If the trial Court comes across any such medical certificate, wherein, there is a reference of such test, then it should take cognizance of the same and do the needful in the matter.”

The bench of Justices JB Pardiwala and Bhargav D. Karia stated that this test was unconstitutional in the judgement of State of Gujrat v. Rameshchadra