Two-finger test on rape survivors cannot be completely banned, says Delhi government

New Delhi: The Delhi government on Sunday said that the controversial two-finger test on rape survivors cannot be completely banned as it may be needed to perform in some cases.

The Arvind Kejriwal government has directed doctors to compulsorily obtain the consent of the patient before performing the test. The government added the doctors are properly sensitised to conduct the test.

The Aam Aadmi Party government is going ahead with the controversial test even after the Supreme Court ruled against it.

Hitting out at the Delhi government, Bharatiya Janata Party spokesperson Sambit Patra said, "The Delhi government allows the controversial "Finger Test" for rape victims, despite the Supreme Court having ruled against it in 2013. Disgusting!"

The apex court had in 2013 ruled, "Undoubtedly, the two-finger test and its interpretation violates the right of rape survivors to privacy, physical and mental integrity and dignity. Thus, this test, even if the report is affirmative, cannot ipso facto, be given rise to presumption of consent.”

The court also said, "Medical procedures should not be carried out in a manner that constitutes cruel, inhuman or degrading treatment and health should be of paramount consideration while dealing with gender-based violence."