Better Late Than Never: CMO Kupwara Bans Two-Finger Test in Alleged Cases of Rape & Sexual Assault Almost 15 Months After SC Directions

Srinagar: Chief Medical Officer Kupwara on Wednesday passed strict orders implementing ban on two-finger test in cases of alleged rape and rape assault. The medical officer said the orders are in compliance with the Hon’ble Supreme Court’s judgment in case titled State of Jharkhand vs. Shilendra Kumar Rai.

Elaborating the orders, the medical officer said that the so-called “two-finger test” has been categorically prohibited by the Hon’ble Supreme Court on the grounds that it has no scientific basis and is highly invasive, revictimizing, and re-traumatizing for the survivor. This test also constitutes a “virginity test,” which is deemed irrelevant and inappropriate in cases of alleged rape and sexual assault.

The CMO, as per the order, a copy of which lies with Alfaaz – The Words, said that, All Block Medical Officers (BMOs) and the Medical Superintendent (MS) of SDH Kupwara are instructed to strictly prohibit the conduct of the two- finger test in any case alleging rape or sexual assault within their jurisdiction.

“This directive applies to all medical personnel, including doctors, nursing staff, and other healthcare providers, in government as well as private healthcare facilities operating in District Kupwara.”

Highlighting the need for training and awareness, the medical officer said that BMOS and the MS SDH Kupwara are to ensure that all doctors and concerned staff are made aware of the Hon’ble Supreme Court’s directions and the associated legal and ethical implications.

“Medical professionals should be trained to handle cases of sexual assault with utmost sensitivity and in accordance with established medico-legal protocols.”

“Any deviation from these instructions will be viewed seriously and shall invite disciplinary action, including legal consequences as per prevailing laws,” reads the order, adding, “BMOS and the MS SDH Kupwara shall submit a compliance report within 07 days of the issuance of this circular confirming dissemination of this directive to all medical staff under their jurisdiction.”

The CMO has further guided that, all healthcare professionals must adhere to the medico-legal guidelines provided by the Ministry of Health and Family Welfare, Government of India for the examination of sexual assault survivors. “Psychological support and a trauma-informed approach must be prioritized to ensure the dignity and well-being of the survivor.”

Pertinent to mention here that the directions from the Chief Medical Officer (Kupwara) come almost fifteen months after Apex Court banned the practice, in October 2022, remarking that it was based on patriarchal mindset that sexually active women can’t be raped.