A special POCSO court in Kota in Rajasthan has directed the district authorities to take action against a doctor for conducting the banned two finger test on a minor rape victim. The court issued the order after finding evidence “in the medical reports and statements” of the doctor that the two-finger test was conducted in the case. The Kota Court has directed the Chief Medical and Health Officer (CMHO) of the district to take strict legal action against the doctor.
What did the POCSO Special Court say in the verdict
Special Court Judge for POCSO cases Deepak Dubey made the observation in his January 4 judgment. He acquitted a man on the charge of rape on the basis of benefit of doubt. “This act (two finger test) is not only against the law, but also against human values, human dignity and the profession of a doctor,” the court said in its judgement.
Supreme Court’s decision came in October last year
The court also referred to the decision of the Supreme Court which came in October last year. In the Supreme Court, a bench headed by Justice Chandrachud, while giving the verdict, said that the Supreme Court has repeatedly condemned the use of the two-finger test in rape and sexual assault cases. There is no scientific basis for this test. Describing the two finger test as backward and orthodox, the Supreme Court had said that any person involved in it would be guilty of misconduct.
The media reported in November last year that the findings of an analysis on the state of child protection mechanisms in Rajasthan had found that the two-finger test was cited in the medical examination of child sex victims in many cases. An analysis of a study conducted under the aegis of the Juvenile Justice Committee (JJC) of the Rajasthan High Court, in collaboration with the Resource Institute for Human Rights (RIHR) and UNICEF Rajasthan, states that in many cases the medical examination reports ‘ References to the ‘two finger test’ were included. Apart from this, the facts that the victim was ‘habituated to sex’ were also included, contrary to the prescribed norms, no signs of rape or sexual assault were found.
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