Finger test infringes on privacy right of rape victims

It’s difficult to believe that such things go on in some parts of the world.

The finger test examination, conducted on the victims of sexual violence, infringes upon their privacy and is violative of their Constitutional rights, a Delhi court has held.

The court stressed the need for sensitising the police to avoid such practice as a routine measure, particularly in cases of children, minor girls and married women, while making it clear that the finger test was “irrelevant”.

“Per Vagina Test/ Finger Test is irrelevant to sexual violence trials. This test is violative of the Fundamental Right of Privacy, an important Constitutional Right of the victim,” Additional Sessions Judge Kamini Lau said.

The Per Vagina (PV) test, which is normally called the finger test, is being carried out routinely on victims of sexual offences. This test only establishes whether the vestibule is congested and whether one, two or three fingers can be inserted.

“State action cannot be a threat to the Constitutional right of an individual. What has shocked my conscious is the fact that this PV Test/ Finger Test is being carried out in routine on victims of sexual offences by the doctors (even on minors), thereby reflecting a rampant violation of the Constitutional Rights of such victims,” Lau said.The court made the observations while pronouncing the judgement in a case relating to outraging the modesty of a woman.

Read more in the Deccan Herald.

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