Is two-finger rape test still in use, CIC asks govt

Times of India: New Delhi: Monday, 09 February 2015.

Central Information Commission has asked the Delhi government if the controversial two-finger test to determine rape continues to be used after its health department failed to spell out a clear policy.

The matter reached CIC after an applicant said his query on the policy did not yield any clear result.

"It is clear from the reply of the PIO that they have issued no circulars and there was no prohibition of PV (per vaginal) test. The PIO claimed that medical officers have been sensitized. When applicant sought inspection, the PIO says 'not applicable'. The commission finds it no responsible response," information commissioner Sridhar Acharyulu said.

He said it was the right of a survivor/victim to get medical treatment and support, and any test or practice which violates her right to privacy and other rights cannot be conducted.

Acharyulu quoted a Supreme Court order which said, "Undoubtedly, the two-finger test and its interpretation violate 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 c onsent.

"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. The state is under an obligation to make such services available to survivors."

Acharyulu directed the health department to inform the reasons under mandatory disclosure policy as per Section 4 of RTI Act saying this was an important policy decision the public authority was expected to take. "It is also the duty of directorate of health and family welfare to disclose such a significant policy for the welfare of women in public interest," he said while ordering the department to bring files related to the issue before it.