The Supreme Court of India on 19 May 2013 held that the two-finger test on a rape victim violates her right to privacy. It also directed the government to provide better medical procedures to confirm sexual assault. A bench of Justices BSChauhan and FMI Kalifulla gave the ruling. The court stated that even if the report of the two-finger test is affirmative, the consent on part of a rape victim cannot be proved. The court held that rape survivors are entitled to legal recourse that does not violate their physical or mental integrity and dignity.
Medical procedures should not be conducted in a way that includes inhuman or degrading treatment and health should be given topmost consideration while dealing with gender-based violence. The State is responsible to make such services available to survivors of sexual violence. The Supreme Court gave this ruling keeping in mind the International Covenant on Economic, Social, and Cultural Rights 1966 and the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power 1985.
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