The Gujarat high court has held that the two-finger test (also known as Per Vaginal test) to check the virginity of rape victims is unconstitutional while directing the trial courts and doctors to stop the practice.
The reason cited by Gujarat high court for scrapping the medical test is because it violates the right of sexual assault victims to privacy, physical and mental integrity and dignity.
The said observation was made by HC on the sidelines of an appeal filed by the state court calling on to correct a mistake by a trial court in 1995 in wrongly deciding the issue of consent of a rape victim leading to the exoneration of the accused (Rameshchandra Panchal from Kadi town).
Earlier the victim was considered to be of above 16 years of age and so the sexual relations between the accused and victim were considered to have been made with consent. As a result, the accused was only held guilty of abduction u/s 363 and 366 IPC, being sentenced to seven-year imprisonment for the same.
However, later it came to light that the girl was under 16 years at the time of the crime and hence a minor; with the consent being of no significance whatsoever as she was minor.
Numerous orders from the Supreme Court of India, and recommendations by the International covenant of economic social and cultural rights 1966, a UN declaration in 1985, orders by planning commission exist to this effect.