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

This petition was delivered to:

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

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

    1. Kavita Krishnan
    2. Petition by

      Kavita Krishnan

      Delhi, India

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.'

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    • Michael Evans AUSTRALIA
      • 3 months ago

      In Hindu India, many forms of discrimination are still practiced to persecute women, different castes, and different religions.

      When will India grow up in Law and be more scientific in investigating crimes instead of philosophically biased in so many legal investigations?

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    • Michael Niemira AUSTRALIA
      • 3 months ago

      That's rape on its own. Kick it out! Besides, how do you THINK it's more likely those girls got that way - lots of consensual sex, or lots of (gang)rapes?

      REPORT THIS COMMENT:
      • 3 months ago

      its inhuman

      REPORT THIS COMMENT:
    • surya kiran INDIA
      • 4 months ago

      being habitual to do the intercourse does not mean being ok with being raped.rape is the most dreading evil for any woman and a rapist shud be mentally ,physically, and socially tortured in addition to legally punished.

      REPORT THIS COMMENT:
    • Sammy Feltman AUSTRALIA
      • 4 months ago

      India needs stronger laws against rapist.

      REPORT THIS COMMENT:

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