Sushil Kumar Shinde, Home Minister of India: Prohibit the “two finger-test” in rape cases

The Issue

In 2011 the Director General of Health Services (DGHS) discontinued the practice of the 'two-finger' test but it is still being practised to determine if the rape survivor is 'habituated to sex’.

- In an October 2012 verdict, a Madhya Pradesh court held that a rape complainant was "a consenting party" because "Looking to her physical examination, she was habitual to do the intercourse and therefore, she knew about that act but, she did not complain to anybody, till she reached to her house."
- Another Madhya Pradesh verdict of November 2012, quotes the doctor's observation that "the prosecutrix was habitual for intercourse, and therefore two fingers could be inserted in her vagina easily."

Inspite of the DGHS discontinuing it, this misogynistic medico legal practice of inserting two fingers in the vagina to check if the rape survivor is 'habituated to sex’ continues widely in India. This practice, inherited by India from colonial times, is nothing but medical 're-rape' of the rape survivor. It contributes to India's low conviction rates for rape, by allowing the survivor's past sexual history to undermine her testimony.

In India, people are on the streets against widespread sexual violence and the equally widespread and deep-seated culture of victim-blaming and misogyny that makes it difficult for rape survivors to get justice.

We need you to tell the Government of India to prohibit, without any further delay, the misogynist and degrading medico-legal practice of inserting two fingers in the vagina to check if the rape survivor is 'habituated to sex.'

avatar of the starter
Kavita Krishnan AIPWAPetition StarterI am National Secretary, AIPWA
This petition had 26,668 supporters

The Issue

In 2011 the Director General of Health Services (DGHS) discontinued the practice of the 'two-finger' test but it is still being practised to determine if the rape survivor is 'habituated to sex’.

- In an October 2012 verdict, a Madhya Pradesh court held that a rape complainant was "a consenting party" because "Looking to her physical examination, she was habitual to do the intercourse and therefore, she knew about that act but, she did not complain to anybody, till she reached to her house."
- Another Madhya Pradesh verdict of November 2012, quotes the doctor's observation that "the prosecutrix was habitual for intercourse, and therefore two fingers could be inserted in her vagina easily."

Inspite of the DGHS discontinuing it, this misogynistic medico legal practice of inserting two fingers in the vagina to check if the rape survivor is 'habituated to sex’ continues widely in India. This practice, inherited by India from colonial times, is nothing but medical 're-rape' of the rape survivor. It contributes to India's low conviction rates for rape, by allowing the survivor's past sexual history to undermine her testimony.

In India, people are on the streets against widespread sexual violence and the equally widespread and deep-seated culture of victim-blaming and misogyny that makes it difficult for rape survivors to get justice.

We need you to tell the Government of India to prohibit, without any further delay, the misogynist and degrading medico-legal practice of inserting two fingers in the vagina to check if the rape survivor is 'habituated to sex.'

avatar of the starter
Kavita Krishnan AIPWAPetition StarterI am National Secretary, AIPWA

The Decision Makers

Krishna Tirath
Krishna Tirath
Minister for Women and Child Development, GOI
Rashida Manjoo
Rashida Manjoo
UNHRC Special Rapporteur on Violence against Women
Sushil Kumar Shinde
Sushil Kumar Shinde
Home Minister of India
Ashwani Kumar
Ashwani Kumar
Minister for Law and Justice, GOI
Ghulam Nabi Azad
Ghulam Nabi Azad
Minister of Health and Family Welfare, GOI

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