Bangladesh High Court banned Two-Finger Test on rape victims

A Bangladeshi High Court banned two-finger exam which is carried out on rape victims. The subject was adjudicated by a two-judge bench comprising Gobinda Chandra Tagore and AKM Shahidul Huq. The petition was pending in the High Court for very last five several years. It was filed by Bangladesh Lawful Help and Provider Have faith in (BLAST) in 2013. The activists have been insisting to ban this exam, as it was irrational and tantamount to a second rape of the sufferer. In October 2013 High Court questioned the legality and authenticity of the exam. It also issued a rule inquiring the government to explain why the exam will not be declared illegal.

The exam was ruled out to be derogatory and undignified. It was requested to send out a duplicate of healthcare protocol to all lower courts for its compliance. There is no authorized or scientific basis for the ‘two-finger test’ throughout the actual physical assessment of girls and youngsters rape victims, the courtroom stated in its get.

The Court held that legal professionals simply cannot talk to any concern to rape victims that could hurt their dignity throughout the demo proceedings.  The Court requested authorities to strictly adhere to the health treatment protocol which the government adopted very last calendar year in line with the World Health and fitness Organisation (WHO) guidelines.

The health ministry of Bangladesh is asked to kind a committee of authorities to produce a specific guideline to supply assist to rape victims on assessment and procedure and post the guideline to the courtroom in a few months. The ministry has submitted the draft guideline, proposing abolishing the two-finger exam.

The two-finger exam is applied to identify the vaginal laxity of rape victims and to identify irrespective of whether the sufferer is habituated to sexual intercourse or not.

In the catena of Indian judgments also it has been reiterated by Indian Courts that two-finger exam is not admissible but it is not banned however.