Tamil Nadu: Hospitals And Authorities Blatantly Ignore SC Order Banning The Two-Finger Test To Determine Rape

The doctors at a government hospital in Chennai, two weeks ago, inserted two fingers into the vagina of a 14-year-old to confirm if the girl had been raped that left the girl in a broken and devastated condition as the mandatory examination was not only painful but also brought back the terrifying memories of the incident leading to post-traumatic stress disorder for the child, reports TOI.

Psychologists are currently counselling the girl at a children’s home run by the Tamil Nadu government, but her experience in the hospital has left her in a fragile condition.

The Supreme Court has banned the two-finger test to determine if rape or sexual violence had occurred, in an order passed during the year 2013 despite which police, child protection agencies, and government hospitals in the state continue to ignore the ruling blatantly.

The children are provided with the right to deny medical examination if that is not in their best interest, according to the Protection of Children from Sexual Offences Act (Pocso).“We don’t normally encourage them to do that. Doctors say this test is the only method used to establish sexual violence and many children go through it,” said Sheela Charles, member of the Child Welfare Committee, Chennai.

A Bengaluru-based forensic expert and one of the authors of the guideline, Dr Jagadeesh Reddy said, “Size of the vaginal opening has nothing to do with sexual violence. Being sexually active doesn’t mean a girl or a woman can be raped. If the victim is taken for examination early, fresh tears, bleeding, edema and traces of semen can all be crucial evidences of rape.”

He also emphasised the need for a sensitisation programme as the questions asked by the police and other law enforcement and child protection service officers make it a more traumatic incident for the child.