This excerpt was taken from a report entitled dignity on trial published by the Human Rights watch. You may down load the full report by clicking on the link Human Rights Watch.
In the finger test, also known as the two-finger test, the examining doctor notes the presence or absence of the hymen and the size and so-called laxity of the vagina of the rape survivor.” The finger test is widely used in efforts to assess whether unmarried girls and women are “habituated to sexual intercourse.” Yet the state of the hymen offers little to answer this question. A hymen can have an “old tear” and its orifice may vary in size for many reasons unrelated to sex, so examining it provides no evidence for drawing conclusions about “habituation to sexual intercourse.” Furthermore, the question of whether a woman has had any previous sexual experience has no bearing on whether she consented to the sexual act under consideration. The continued use of the finger test points to a gulf between Indian forensic and legal practice and current scientific knowledge and court decisions that recognize women’s rights.
Human rights watch has called on the government of India to change it’s practice and to stop including this archaic practice in evaluating cases of rape.