30.1.12

Times of India

Ban 2-finger test on rape victims: Panel

NEW DELHI: In a move aimed to protect victims of sexual abuse from further mental trauma, a high powered government committee has recommended abolishing the "two finger test" for determining rape or sexual assault.

Rape survivors are routinely subjected to forensic examination that include the "finger" test. Social activists have for long been demanding a ban on the "archaic and outdated" practice. They termed the test "unscientific and degrading".

In a bid to protect child victims of sexual abuse, the committee also suggests that such victims should not be made to give statements repeatedly to the police, magistrate, court etc, arguing that these procedures further heightened the trauma for victims of sexual abuse.

As children are often not able to describe the exact nature of sexual abuse, the panel said the law should allow expert witnesses like child psychologists and doctors to depose on their behalf about the abuse suffered by them.

"The Code of Criminal Procedure Code will need to be reviewed to make the procedures more women and child friendly. The two finger test should be abolished," Planning Commission's working group headed by secretary, women and child development ministry, said.

It was argued that the law should be amended to provide for immediate medical attention and counseling for victims of sexual abuse, particularly children, to deal with the trauma. The group wanted existing provisions of IPC to be reviewed with regard to the definition of 'rape' as it did not address certain crimes that have been or are being increasingly committed against women and children.

The concerns raised regarding the definition for sexual harassment (commonly known as eve-teasing) in Section 509 of the IPC and changes in language may be necessary, it said, arguing that stalking is another offence against women which is not recognized as a specific offence in the IPC. "This needs to be looked into as the victim of stalking is repeatedly and over a period of time harassed in a variety of ways," the group said.

The panel noted that according to the National Family Health Survey, one-third of women aged 15 to 49 had experienced physical violence, and approximately one in 10 had been a victim of sexual violence.

A study of data from the National Crime Records Bureau (NCRB) shows that the number of crimes against women increased by 29.6% between 2006 and 2010. These numbers have to be viewed keeping in mind that not all crimes against women are reported and the actual numbers may give even greater cause for concern.

The group found low conviction rates more disturbing as this reflected that many of these cases were not being prosecuted properly and inadequate proof was tendered before the courts. In 2010, there were 22,171 reported cases of rape and conviction rate was mere 26.6%. Around 40,613 molestation cases were reported in which the conviction rate 29.7% and 9,961 harassment cases were reported with conviction rate of 52%.