No Two-Finger Test, Free Education For Rape Survivors’ Children: Jharkhand HC
No Two-Finger Test, Free Education For Rape Survivors’ Children: Jharkhand HC Published By, Last Updated: June 09, 2026, 18:30 IST The HC also directed Jharkhand
No Two-Finger Test, Free Education For Rape Survivors’ Children: Jharkhand HC Published By, Last Updated: June 09, 2026, 18:30 IST The HC also directed Jharkhand Govt to ensure that free and compulsory education up to Class XII is given to the children born out of rape incidents. Rapid Read During the hearing, the High Court expressed concern over the social stigma faced by survivors of sexual violence and voiced hope for a gradual change in the prevailing "victim-blaming public attitude". (Representative Image) The Jharkhand High Court has directed the state government to issue a circular prohibiting the controversial “two-finger test" in all government and private hospitals, reiterating that the practice has no scientific basis and violates the dignity and rights of sexual assault survivors. A division bench comprising Chief Justice M S Sonak and Justice Rajesh Shankar passed the direction while hearing a suo motu public interest litigation (PIL) on the protection, rehabilitation and welfare of rape survivors. The court also warned that any violation of the proposed circular would be treated seriously and could invite action for professional misconduct in accordance with the law, The Indian Express reported.
Court Flags Victim-Blaming And Social Ostracism During the hearing, the High Court expressed concern over the social stigma faced by survivors of sexual violence and voiced hope for a gradual change in the prevailing “victim-blaming public attitude". The bench observed that in several cases, rape survivors and their families struggle to continue living in their native localities because of insensitive behaviour from neighbours and members of the community. “In some cases, victims are socially ostracised, causing immense hardship and psychological distress not only to the survivors but also to their family members," the court noted. Free Education To Rape Survivor’s Children The HC also directed Jharkhand’s Department of School Education and Literacy to appoint nodal officers in every district to ensure that free and compulsory education up to Class XII is given to the children born out of rape incidents. Focus On Rehabilitation Of Survivors The observations came as part of the court’s broader examination of measures required for the protection, rehabilitation and reintegration of sexual assault survivors. The High Court stressed that ensuring medical dignity, psychological support and social acceptance for survivors is as important as prosecuting offenders, and called for greater sensitivity from both institutions and society.
What Is The ‘Two-Finger Test’? The “two-finger test", also known as a per vaginum examination, is a controversial and invasive procedure that was historically conducted on survivors of rape and sexual assault. During the examination, a medical practitioner inserts fingers into the vagina to assess the condition of the hymen and the laxity of vaginal muscles. The practice was based on the discredited assumption that such an examination could determine whether a woman was “habituated to sexual intercourse." Medical experts and international health bodies have long rejected this claim, stating that the test has no scientific or forensic value in establishing whether sexual assault occurred. Medical experts have categorically stated that the condition of the hymen or vaginal muscles cannot be used to determine a person’s sexual history or prove sexual violence. The hymen may stretch or tear due to a variety of non-sexual activities, including sports, cycling, exercise or routine physical activity. Indian courts have also strongly condemned the practice. In 2013, the Supreme Court held that the two-finger test violates a survivor’s fundamental rights to privacy, dignity and bodily integrity.
In a landmark 2022 judgment, the apex court reiterated that the test is unscientific, patriarchal and discriminatory, and directed governments across the country to ensure that it is not conducted under any circumstances. News18 Newsletter Handpicked stories, in your inbox A newsletter with the best of our journalism submit About the Author Saurabh Verma Senior Sub-editor Saurabh Verma covers general, national and international day-to-day news for News18.com as a Chief Sub-editor. He keenly observes politics. You can follow him on Location: Ranchi, India, India First Published: June 09, 2026, 18:30 IST News india No Two-Finger Test, Free Education For Rape Survivors’ Children: Jharkhand HC Disclaimer: Comments reflect users’ views, not News18’s. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy Loading comments...
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