Finger Testing Research Paper

In India, over 18 States use the finger test as the means to test whether a girl has been raped or not. It is on this test that the doctors testify their reports and the court of Law passes judgement. This test has come under fire for being outdated and assaulting a woman’s character much after she has been raped. It casts a doubt on moral grounds on the woman and has been responsible for wrong/biased judgements by defense counsels.
I was appalled when I read the following excerpt in a research reported in Human Rights Watch:
“In cases of very young girls – girls below [age] 12 or 13 – they [police officers and hospital staff] believe it is a case of sexual abuse. But if they are older, then they believe that the girl is trying to falsely frame someone. Their belief changes the way
Carried out without informed consent, the test would constitute an assault, and is a form of inhuman and degrading treatment”, the research said.
Also, it is a well known fact that the hymen loss can occur during swimming, playing basket ball, running, cycling and other activities requiring physical pressure.
“This test is yet another assault on a rape survivor, placing her at risk of further humiliation,” said Aruna Kashyap, a women’s rights researcher. Moreover, it has been found that some doctors in India conduct the finger test with little or no regard for a survivor’s pain or trauma.
What makes it really pertinent is the fact that there are still more than 18 states in India which do not have modern means of forensic analysis and rape tests. Worse, they refuse to budge.
The Jharkhand High Court of 2006 gave a ruling saying, “Though the girl was aged about 20 to 23 years and was unmarried but she was found to be “habituated to intercourse.” This makes her to be of doubtful character.”
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