- Thread starter
- Staff
- #1
Dadparvar
Staff member
- Nov 11, 2016
- 10,764
- 0
- 6
The India Supreme Court Monday declared that performing the “two-finger” or “three-finger” vaginal test on victims of rape or sexual assault will be classed as misconduct.
Also dubbed the “virginity” test, the test consists of a medical professional inserting either two or three fingers into the victim’s vaginal canal. It is used to determine laxity, or whether the victim has had any recent sexual activity. The Supreme Court has condemned this test since the case of Lillu vs. State of Haryana in 2013. The court determined then that this test “violates the right of rape survivors to privacy, physical and mental integrity and dignity.” Despite this, the practice continued.
Monday’s ruling comes in the case of the State of Jharkhand v Shailendra Kumar Rai. It was an appeal filed against a High Court judgment which held that the “two-finger” or “three-finger” test raised uncertainty about whether the victim had been raped. The defendant was acquitted as a result.
On appeal, the Supreme Court found that the test has “no scientific basis” and “neither proves nor disproves allegations of rape.” Instead, it only “re-victimises and re-traumatises” women, and “must not” be conducted.
The leading judge, Dr. Dhananjaya, elaborated further on the decision:
India’s courts have made consistent efforts to protect victims of rape and sexual assault. Despite this, the country reported a nearly 13 percent increase in rape over the past year.
The post ‘Invasive’ two-finger test performed on sexual assault victims is misconduct, India Supreme Court rules appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.
Also dubbed the “virginity” test, the test consists of a medical professional inserting either two or three fingers into the victim’s vaginal canal. It is used to determine laxity, or whether the victim has had any recent sexual activity. The Supreme Court has condemned this test since the case of Lillu vs. State of Haryana in 2013. The court determined then that this test “violates the right of rape survivors to privacy, physical and mental integrity and dignity.” Despite this, the practice continued.
Monday’s ruling comes in the case of the State of Jharkhand v Shailendra Kumar Rai. It was an appeal filed against a High Court judgment which held that the “two-finger” or “three-finger” test raised uncertainty about whether the victim had been raped. The defendant was acquitted as a result.
On appeal, the Supreme Court found that the test has “no scientific basis” and “neither proves nor disproves allegations of rape.” Instead, it only “re-victimises and re-traumatises” women, and “must not” be conducted.
The leading judge, Dr. Dhananjaya, elaborated further on the decision:
This ruling effectively bans the test altogether, declaring that any person who performs it from now on will be guilty of misconduct. It also directs state governments to take steps towards eradicating the practice, including reviewing the curriculum at medical schools.
India’s courts have made consistent efforts to protect victims of rape and sexual assault. Despite this, the country reported a nearly 13 percent increase in rape over the past year.
The post ‘Invasive’ two-finger test performed on sexual assault victims is misconduct, India Supreme Court rules appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.