No Two Fingers Test, Free Education for Children of Survivors: Jharkhan HC Introduces New Mandate for Rape Victims

In a landmark judgment aimed at reforming the legal and social landscape for sexual assault survivors, the Jharkhand High Court has issued a set of directives to the state government, including a strict ban on the controversial ‘two-finger test’ and the mandatory registration of Zero FIRs. 

Hearing a suo motu Public Interest Litigation (PIL) about the protection and rehabilitation of rape survivors, a division bench of Chief Justice M.S. Sonak and Justice Rajesh Shankar highlighted the urgent need to dismantle systemic victim-blaming attitudes.

Confronting Social Ostracization

The High Court expressed deep concern over the severe social and psychological toll inflicted on survivors and their families, noting that public reaction often reverses the roles of victim and perpetrator. 

The bench observed that in certain situations, rape victims are subjected to social ridicule as if they are the accused. In some cases, the victims are socially ostracised, causing immense difficulty, including psychological distress to the victims and their families. 

The court pointed out that this hostility frequently forces families to abandon their original place of residence due to the indifferent attitude of neighbors. Emphasizing the need for institutionalized social sensitization, the bench stated it remains hopeful that the victim-blaming public attitude will gradually change.

Revised Medical and Legal Process

To enforce accountability within the healthcare system, the court directed the Jharkhand government to issue an immediate circular prohibiting the "two-finger test" across all government and private medical institutions. The bench ruled that any violation of this directive will be treated as professional misconduct, exposing the concerned medical personnel to strict legal action.

Turning about law enforcement, the court emphasized that police officers bear the primary responsibility of handling survivors with complete sensitivity. The directives state that statements of the survivors should preferably be recorded by a female police officer holding a rank not below that of a Sub-Inspector. 

Furthermore, police stations must ensure a comfortable, friendly environment so survivors can narrate facts clearly and without inhibition, while explicitly barring the use of any force or pressure during the statement-recording process.

 To ensure compliance with these protocols, the High Court ordered the state to implement mandatory, periodic training and sensitization programs for all police personnel handling such cases.

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