HC bans use of ‘two-finger test’, ‘bio-manual test’ during examinations of rape victims

The High Court has banned the use of the so-called ‘two-finger test’ and ‘bio-manual test’ during the physical examinations of rape victims.

There is no legal or scientific basis for the tests during the physical examination of women and children rape victims, the court said in its order.

The bench of Justice Gobinda Chandra Tagore and Justice AKM Shahidul Huq issued the order on Thursday to settle a five-year-old petition.

Rights activists had claimed the ‘two-finger test’ was irrational and amounted to a second rape of the victim.

The court said the rape and virginity tests for victims should follow the health protocols the government adopted last year in line with the guidelines of the World Health Organization.

The High Court has ordered a copy of the protocols to be sent to every Women and Children Repression Prevention Tribunal and hospital in Bangladesh and for them to be adopted.

In its observations the court said a gynaecologist, a forensic specialist, a woman police officer and, if necessary, a close relative of the victim, should be present during the physical examination.

It court also said the Women and Children Repression Prevention Tribunal must also stop lawyers from asking any questions that would demean the victim.