Two Finger Test Archives

Madras HC issues guidelines on disposal of products of conception after MTP of a pregnant minor girl, and on disclosure of her personal details

Madras High Court made the Superintendent of Police of the District concerned responsible if the identity of the minor victim girl or the personal details are revealed to the outside world.

Case Briefs High Courts

Orissa HC acquits rape convict for lack of evidence and consensual relationship; desists two-finger test

“Two-finger test is no less than adding an unforgettable insult to an unhealed injury. The test violates the right to privacy, physical, mental integrity and dignity”.

Case Briefs High Courts

Termination of pregnancy can be made without disclosing minor’s name in report, in case of consensual relations: Madras High Court

Madras High Court said there are instances where a minor and their guardian may not be interested in proceeding further with the case and entangle themselves in a legal process. In such instances, termination of pregnancy can be made without the disclosure of the name of the minor.

High Court Round Up Legal RoundUp

HIGH COURTS JULY 2023 WEEKLY ROUNDUP| Stories on Srikant Tyagi; West Bengal Panchayat Election; Telangana Eunuchs Act; and more

A quick legal roundup to cover important stories from all High Courts this week.

Case Briefs High Courts

Madras High Court directs DGP to identify cases involving consensual relationship amongst pending POCSO cases; Discontinues two-finger test and potency test

If consensual relationship cases are segregated from the pending cases, it will be easy to deal with them and in appropriate cases, the Court can also exercise its jurisdiction and quash the proceedings, if the proceedings are ultimately going to be against the interest and future of the children involved in those cases and it is found to be an abuse of process of Court.

Case Briefs High Courts

Virginity test conducted on a female detainee/accused under investigation/custody whether judicial/police is unconstitutional; Delhi High Court issues directions

To hold that conducting virginity test on a woman who is victim of sexual assault and on a woman who may be an accused of an offence will be on different footing or that the earlier will be unconstitutional and the later constitutional, will be a perverse finding and against the intent of the Constitution of India and Article 21. However, this should not mean to be taken to be a shield for the detainee from legitimate interrogation by police as per the procedure established by law.

Legal RoundUp Supreme Court Roundups

Supreme Court October 2022| Justice Dr DY Chandrachud’s confirmation as next CJI; Hijab Ban; Two-finger-test; clarification on some IBC provisions; and more

This roundup revisits the analyses of Supreme Court’s judgments/orders on Hijab Ban Controversy, Punishment for Two-Finger test on sexual assault survivors, Dishonour of Cheques; Insolvency and Bankruptcy Code and more. It also covers reports on confirmation of Justice Dr DY Chandrachud as the next CJI; Justice Hemant Gupta’s retirement; explainers on important law points; career trajectory and important decision of Justice S. Ravindra Bhat and Justice BV Nagarathna.

Case Briefs Supreme Court

Patriarchal & sexist to assume that a sexually active woman cannot be raped; Anyone conducting ‘two-finger’ test will be guilty of misconduct: SC

The “two-finger test” or pre vaginum test has no scientific basis and neither proves nor disproves allegations of rape. It instead re-victimizes and re-traumatizes women who may have been sexually assaulted, and is an affront to their dignity.