JusticeReform – Jharkhand High Court Orders Ban on Two-Finger Test Across Hospitals
JusticeReform – In a significant move aimed at improving the treatment and rehabilitation of sexual assault survivors, the Jharkhand High Court has directed the state government to completely prohibit the use of the controversial two-finger test in all medical institutions. The court observed that the practice violates the privacy, dignity, and bodily autonomy of survivors and has no place in a modern justice system.
Court Issues Clear Directive
The order was passed by a division bench comprising Chief Justice M. S. Sonak and Justice Rajesh Shankar while hearing a suo motu public interest litigation focused on the protection and rehabilitation of rape survivors. During the proceedings, the court emphasized the need for survivor-sensitive medical and legal procedures and instructed the state authorities to take immediate action.
According to the court’s directive, the Department of Home, Jail & Disaster Management of the Jharkhand government must issue an official circular banning the two-finger test in every hospital and medical facility across the state. The judges stressed that such examinations are outdated and inconsistent with the rights guaranteed to survivors under the law.
Violations to Attract Legal Action
The High Court further stated that any medical professional or institution found violating the proposed circular would face consequences under applicable laws. The bench clarified that conducting the prohibited test would be treated as professional misconduct, making the responsible individuals liable for disciplinary and legal proceedings.
The ruling is expected to strengthen accountability within the healthcare system and ensure that survivors are treated with respect during medical examinations linked to criminal investigations.
Measures to Improve Survivor Support
Apart from the ban on the two-finger test, the court issued several additional directions intended to enhance support mechanisms for victims of sexual violence. One of the key instructions relates to the mandatory registration of Zero FIRs, a provision that allows police to record a complaint regardless of where the alleged crime occurred.
The court noted that prompt registration of complaints is essential for ensuring timely investigation and access to justice. Authorities have been asked to ensure that law enforcement personnel follow the required procedures without unnecessary delays.
Focus on Rehabilitation and Child Welfare
The bench also highlighted the importance of long-term rehabilitation for survivors. In particular, the court directed the state government to develop and strengthen support systems for children born as a result of rape. The judges underlined that such children often face social and economic challenges and require dedicated assistance from welfare agencies.
By addressing both legal safeguards and rehabilitation concerns, the court sought to create a more comprehensive framework for survivor protection. The decision reflects a broader effort to ensure that victims of sexual violence receive not only justice but also meaningful institutional support.
Landmark Step for Victim-Centric Justice
Legal experts view the ruling as an important step toward reinforcing survivor rights and eliminating practices that have long been criticized for lacking scientific basis and causing further trauma. The High Court’s directions are expected to influence administrative reforms and encourage greater sensitivity in the handling of sexual assault cases.
The judgement underscores the judiciary’s commitment to protecting the dignity of survivors while strengthening mechanisms for accountability, rehabilitation, and access to justice throughout the state.