Two finger test for sexual assault: What the latest ban says | In Focus podcast

On October 31 this year, the Supreme Court declared that the two-finger test - a test used on survivors of rape or sexual assault, was not only regressive and unscientific but also re-victimised and re-traumatised women. In a first, it also said that that any person who conducts this test in sexual assault cases shall be guilty of misconduct.  Activists and survivors have for years, been calling for an end to be put to this test - which involves checking the laxity of a woman's vaginal muscles with two fingers. This is not the first time the Supreme Court has said it must not be used. In fact, the Union Health Ministry's 2014 guidelines too say the test must not be conducted. Experts say however, that the guidelines do not translate into change on the ground - that there still is not enough sensitisation and training of all the personnel involved in the reporting, examination and investigation of a sexual assault case. The problem in India is huge and multi-faceted -- the country, as per National Crime Records Bureau statistics, registered 31,677 cases of rape in 2021 -- an average of 86 a day. And this too, may be an under-reported number. Challenges for survivors range from the actual reporting of a case to the police station, to getting an FIR lodged, the medical examination and then navigating the court system.  How much has changed since the Nirbhaya case shook the nation in December 2012 and led to the criminal law amendment of 2013? How much do the departments of police and health work together in cases where medical examinations and collection of evidence could be important to an investigation? How much of what is the law on paper translate into the experience of a survivor? And what can be done to make the process better and more sensitive?  Learn more about your ad choices. Visit megaphone.fm/adchoices