The Jammu and Kashmir High Court has strictly asked health professionals in the Union Territories of Jammu and Kashmir, and Ladakh to stop the practice of two-finger test on rape survivors.
The Court also asked courts in the 2 UTs to avoid disclosing the name, identity and residence of survivors in undergoing proceedings and judgments.
The division bench of Acting Chief Justice Rajesh Bindal and Justice Sanjay Dhar was hearing an appeal filed against a judgment passed by the Principal Sessions, Judge, Bhaderwah whereby the accused/respondent was acquitted of the charge of rape.
While delivering the judgment the court observed that “Rape is not merely a physical assault but it is the destruction of the personality of the victim. Therefore, Courts have to act responsibly and with sensitivity while dealing with the cases of rape, particularly, while referring to the prosecutrix, ”.
The Court emphasized on Supreme Court judgment in a case of Lillu and others v. the State of Haryana wherein the top court had held that “two-finger test” is utterly unconstitutional as it violates and rigorously infringes the right to privacy of the rape survivors and was an affront to the physical and mental integrity and dignity.