-Pranjal Jagdale
Two finger testing medical examination process: This is a medical examination process generally done with accused female rape victim, this test involves testing for laxity of vaginal muscles with FINGERS and so is called ‘TWO FINGER TEST’. This test is performed by a doctor, the doctor must be a female, she inserts a finger into female’s vagina, and this is done to check the level of vaginal laxity. The level of vaginal laxity is used to determine if she is habituated to sexual intercourse or not.
But the question here is the can level of vaginal laxity change due to another factor even? The answer is yes! The level of vaginal laxity can change due to other factors. Due to this the usefulness of this criteria has been questioned by medical authority and opponents of virginity testing. And this test is purely based on subjective observation.
Now when a female rape victim approaches police station for logging the complaint let, she be a mother, minor, married she has to go through a virginity test or two finger tests. Here two fingers are inserted into her vagina to check how lose her vagina is and, in some cases, it is checked weather her hymen is intact or not. And this is done to check weather, she is virgin or not. If it appears that she had sexual intercourse many a times then this may not be a case of rape, and this also an advantage for the accused as rape will not be proved. Now why is a intact hymen necessary to judge a rape case? Can level of vaginal laxity determine weather there is rape or not? Can a loose vagina determine a rape has been taken place or not? No, none of them can be a determining factor for rape. A woman after getting raped approaches the police station, there she is told to get a medical test done. She should be taken to the closest hospital and their test must be done. Now a woman that has been raped is once again going to get inserted a finger in her vagina. This is what Is done in this process. She is not in the state of mind to get it done; it is kind of rape to insert any thing in a women vagina. Doing this, is kind of raping her for the second time. And moreover, it is subjective, it is based on assumptions. How can this process say that there was a rape or not? This test is totally unethical, against humanity and moreover the privacy of a women is shattered.
If we talk about India in May 2013 the supreme court of India held that the two-finger test on a female rape victim is a total violation of her right to privacy. It is totally illogical, unscientific, unconstitutional, and the supreme court asked the Delhi high court to provide better medical procedures to confirm about sexual assault being taken place or not. The supreme court of India moreover said this test hypothetical and opinionative.
Virginity test or two finger test is widely considered controversial, and it is unethical too. It is banned in most of the nations but still there are many develop countries where two finger test is legal.
In October 2018, the UN Human Rights, UN women and the World Health Organization said that the virginity test which also include TFT must end as it is painful, humiliating, and traumatic practice that is done against women and moreover it is a violence against women. Even though the world health organization has said so, the sad reality is, it is still being conducted in many countries.
Prior to the 1980s, virginity testing out changed into extensively utilized on ladies coming into the UK on what changed into popularly referred to as a fiancée visa, once they stated they have been immigrating to marry their fiancées who have been already residing withinside the country. But now it is illegal in United Kingdom.
In Indonesia, virginity assessments are done as a demand for becoming a member of the police and navy force. Tests were done in view that 1965.It has in view that been condemned the world over and regionally via way of means of information retailersand human rights organizations, but taking about the current scenario, virginity test of TFT is no longer allowed in Indonesia.
In Iran, Atena Farghadani changed into charged with "illicit sexual members of the family falling brief of adultery" for shaking palms together along with her attorney in June 2015. She complained that Iranian jail officers and guards have made lewd gestures, sexual slurs and different insults to her, and went on a three-day "dry" starvation strike in September 2015 in protest of this ill-treatment. However, the harassment continued. In a be aware written via way of means of Farghadani leaked from jail, which has been visible via way of means of Amnesty International, Farghadani says the judicial government took her to a scientific middle outdoor the jail on 12 August 2015 and pressured her to put up to a virginity test, purportedly for the reason of investigating the price towards her.
Afghanistan government passed a new penal code in 2018 which was regarding the criminalizing of virginity test, though if the test was with consent then it will be legal. But in most of the cases the signature were forged so the women consent is no longer enough. So Afghanistan government also banned this practice.
Taking about Pakistan TFT is still practice in Pakistan, recently Lahore high court gave the Judgement regarding ban on tft but still it is practiced in most of Pakistan.
The TFT is banned in Bangladesh, in 2018 the Bangladesh high court banned virginity test that is done after rape, To prove if rape has occurred or not. This was done after being lobbied multiple times by Human Rights Organizations.
Also, the Egyptian court declared that virginity testing is illegal. This happened after the outcry from human rights defender. If we see in Iraq this practice is common in many parts of the country.
A morocco woman most of the times must show their virginity certificate that they collect from doctor in order to get married. They put their life at risk and if they don’t pass, they fake the certificate, which they get from doctors and show it to inlaws to get married.
In Philippines women have to perform virginity test, they have to issue V cards so they can work in bars and strips.
The South African Commission for Gender Equality said in 2016 that virginity testing out connected to an academic scholarship turned into “unlawful, unfair, unreasonable, and unconstitutional” after a mayor withinside the coastal province of KwaZulu-Natal provided schoolgirls with scholarships, furnished they publish to ordinary hymen checks.
In 2002, Turkey overturned a regulation that had formerly made it criminal for faculty directors to pressure ladies into hymen assessments to “determine” in the event that they have been virgins. (Before it turned into overturned, a few ladies dedicated suicide because of the disgrace related to the tests.
According to reporting carried out with the aid of using Marie Claire and the Fuller Project, American ladies and girls are present process the unscientific procedure, whether or not compelled or willingly submitting, mentioning non secular ideals that remember virginity. Some ladies and girls are present process high priced optionally available plastic surgical operation to reconstruct their hymens with a view to bleed on their wedding ceremony nights or byskip hymen assessments. There are presently no federal or state laws guidelines banning virginity testing, nor clear medical guidelines are there or standards of care. So united stated need some laws and regulation regarding banning of virginity test or Two Finger Test.
So it is clearly seen that in many parts of the world this unethical, unscientific, unconstitutional practice still exist, but its high time now so all need to think about removing this practice and stand up for the right of women that have been ignored since ages.
