Ram M Sundaram By

COIMBATORE: While acquitting the four accused of raping a minor girl on Friday, Coimbatore Mahila Court Judge M P Subramaniam cited a medical report based on the two-finger test as a supporting evidence.

In several other rape trials, the two-finger test (virginity test) have been used as evidence. However, experts suggest that this test is inaccurate, outdated, unscientific and cruel, and recommend alternative methods.

In the two-finger test, the doctor, with the consent of the victim or parent/guardian (in case of minor), inserts two fingers into the vaginal opening to inspect the hymen as well as vaginal laxity and decides whether the victim is habituated to sexual intercourse or not.

Many judges do not understand that the laws have changed, said former Madras High Court Judge K Chandru. Full penetration, hymen rupture, past sexual history, body marks etc., are irrelevant now. Adopting this old method and not following current laws in the trial is wrong, he said.

Dr S Revwathy, Dean of Madurai Medical College, a specialist in Obstetrics and Gynaecology, said that nowadays the hymen can break due to daily activities like cycling, swimming and playing. So, this medical procedure is outdated.

A gynaecologist from the Coimbatore Medical College Hospital said forensic examination was possible only if the victim is presented in three hours of the incident. In reality, the doctors have to conduct checks even after a week’s time. They perform tests and submit reports knowing that proper forensic evidence would be lacking, the doctor added.

Senior lawyer C Gnanabharathi said that outraging a woman’s modesty in the name of a cruel and outdated medical check-up could not be accepted. Judges should order more advanced scientific examinations.

The Federation of Obstetrics and Gynaecology Societies of India has created the Sexual Assault Forensic Evidence (SAFE) Kit as an alternative, said Dr Jayam Kannan, chairperson of the National Adolescence Health Committee.

Clothes (inner wear, petticoat, etc) the victim used during the incident, skin scraps from breasts and private parts and hair and any discharge from private parts or near them, should be preserved and any injury/contusion should be photographed for evidence, she added.