Madras HC directs the State to immediately ban two-finger tests conducted on victims of sexual offences

CASE: Rajivgandhi v The State

BENCH: Justices R Subramanian and N Sathish Kumar

Recently, the Madurai Bench of the Madras High Court directed the State government to immediately ban the two-finger test conducted by medical professionals on victims of sexual offences. In several decisions, the Court had held the test to be unconstitutional. The Apex Court in the case of Lillu @ Rajesh & Anr. v State of Haryana held that the test violates the right of rape survivors to privacy and physical and mental integrity.

The bench was hearing an appeal under the protection of Children from Sexual Offences Act (POCSO Act), 2012. Both the counsels appearing for the parties pressed on banning the test.

A man moved before the top Court against the order of a trial court sentencing him to life imprisonment for offences punishable under the POCSO Act and Section 363 (kidnapping) of the Indian Penal Code.

The prosecutor claimed that the accused had lured a 16-year-old girl, kidnapped her and had repeated sexual intercourse with her. Counsel for the appellant contended that as per the evidence, it is clear that the victim (a 16-year-old girl) had gone with the accused on her own and that it was a consensual sexual relationship, regardless of her age. He further pointed out some inconsistencies in the statement given by the doctor who administered a two-finger test.

Additional Public Prosecutor, T Senthil Kumar argued that the top court has banned the practice of the two-finger test. The appellant's counsel pointed out that the two-finger test has been held to be unconstitutional and that several states had banned it.

The bench found that the prosecution had proved the foundational facts. Coming to the quantum of sentence, the Court altered the life imprisonment to 20 years.