Beyond The Two-Finger Test: A Blueprint For Judicial Reform And Gender Gender-Sensitive Legal Practice For A Safer Future

Bhavana Dhoundiyal; Krithika Sridhar

doi:10.36948/ijfmr.2025.v07i06.62661

Beyond The Two-Finger Test: A Blueprint For Judicial Reform And Gender Gender-Sensitive Legal Practice For A Safer Future

Author(s)	Prof. Bhavana Dhoundiyal, Ms. Krithika Sridhar
Country	India
Abstract	Survivors of sexual assault, for the process of judicial litigation and evidence, have been subjected to a procedure infamously addressed as the “Two-Finger Test”. This has been carried out in India for many years as a part of the medico-legal examination for the corroboration of crucial evidence in trials. This test claims to assess the “virginity” or “sexual habituation of the woman”. Through the passage of time, this practice has been condemned as archaic, patriarchal, unscientific, and violative of fundamental rights, drawing criticism from medical bodies, human rights organisations, and the judiciary. The procedure is a classic, draconian law that has absolutely no scientific basis, as the state of the hymen or laxity of the vaginal muscles cannot determine virginity, sexual history, or consent. Furthermore, it inflicts trauma, re-victimises survivors, and compromises their dignity and privacy. The aim of this paper aims to trace the judicial journey that led to the rejection of the two-finger test in India, recognising the practice as unconstitutional and derogatory. Various recent judgments, guidelines, and committee recommendations have proclaimed the two-finger test unlawful, preposterous and violative of constitutional protections. However, reports demonstrate that some parts of India continue to employ the test, revealing deep-seated patriarchal biases and a lack of implementation. Further, this paper underscores the sustained use of this practice despite strenuous proscription, underlining an evident grey area in implementation, and circumventing the inadequacy in the administration of such laws, inconsistent with the current societal norms, leading to a backlash effect. Such apparent flaws demand an exigent discernment for structural reforms, ensuring strict adherence to guidelines and binding accountability amongst the large stakeholders in the medical and legal fraternity. Revering paramount the touchstone of constitutional morality, realigning the existing practices in a manner to embrace and respect the body autonomy of such survivors at odds with societal stigma shall be the need of the hour.
Keywords	virginity, patriarchy, Human rights, Judiciary.
Published In	Volume 7, Issue 6, November-December 2025
Published On	2025-12-06
DOI	https://doi.org/10.36948/ijfmr.2025.v07i06.62661

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Beyond The Two-Finger Test: A Blueprint For Judicial Reform And Gender Gender-Sensitive Legal Practice For A Safer Future

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