Two-finger test not be used for examination of sexual assault victims: Delhi minister
Can be used only for medical treatment, not to determine sexual past: Satyendra Jain
Two-finger test circular: The state health minister said the circular passed by the department earlier, allowing the test when deemed necessary, has been misinterpreted.
The Delhi government’s guidelines allowing the controversial two-finger test in examination of rape cases no longer stands and medical professionals should use it only if “it is required for medical treatment”, Health Minister Satyendra Jain said on Monday.
The clarification comes after a committee of doctors appointed in 2014, during the 49-day rule of the Aam Aadmi Party, submitted a report to the Chief Information Commissioner (CIC) last month stating that the controversial test, that can be used to supposedly determine a woman’s sexual history, can be used in Delhi. This, however, was a misinterpretation of a paragraph of the guidelines, Jain said.
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“It is now clarified and further reiterated that medical professionals should not perform the ‘finger test’ for ascertaining the habituation of the sexual assault victim/survivor to sexual intercourse. All hospital authorities in NCT of Delhi are advised to properly adhere to the same.” The advisory issued on Monday was circulated to medical superintendents of all the hospitals in the national capital and all heads of departments (HoDs) of Gynaecology departments.
“In the 14-page guidelines of May 29, there was scope for misinterpretation. We are issuing an advisory to clarify that medical practitioners will not use the two-finger test at all unless it is required for medical treatment. It is banned in cases of sexual assault cases.
There is no logic in ascertaining the sexual history of a victim of sexual assault,” Jain told reporters.
On May 16, a committee of three senior doctors had submitted the guidelines in compliance with an order issued by the CIC following which, the Health department issued the guidelines on May 29 and circulated them to all hospitals.
Jain said he had a meeting with doctors and they told him that they do have the power to perform the test if required for medical treatment.
The test — that the Supreme Court and the Justice J S Verma committee had ruled against — will stay banned in cases of sexual assault, Jain said.
Jain, however, insisted that the Delhi government was not withdrawing or backtracking from any decision but only clarifying the procedure. “There are 30,000 staff members in the Health department and 50 heads of department, who have the power to take certain decisions and they were only complying with CIC orders. There is no wrong done by anyone for us to take action against. There was scope for misinterpretation but our new advisory will make everything clear,” he said.
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