HC bans ‘two-finger test’ for rape

Staff Correspondent: The High Court (HC) has banned the controversial two-finger test conducted for the rape victims to prove the violation.

The court also ordered the authorities concerned to strictly follow the healthcare protocol in assessing for the rape victims.

The HC bench of Justice Gobinda Chandra Tagore and Justice AKM Shahidul Huq on Thursday handed down the verdict following a writ petition filed by six human rights organisations, including Ain o Salish Kendra and Bangladesh Legal Aid and Services Trust (BLAST), in 2013.

The court also issued directives to keep relative, physician, police, female nurse during the rape test.

The court directed the government to issue a circular so that the lower court judges and investigation officer of the rape cases will follow the HC order.

It also ruled that the lawyers cannot ask any question to the rape victims during the trial proceedings so that their dignity is not hampered.

In 2013, Bangladesh Legal Aid and Services Trust [BLAST] moved the High Court challenging the test. In response, the HC in October that year questioned the legality and authenticity of the test. It also issued a rule asking the government to explain why the test will not be declared illegal.

The court also asked the health ministry to form a committee of experts to develop a detailed guideline to provide support to rape victims on examination and treatment, and submit the guideline to the court in three months.

The ministry has submitted the draft guideline, proposing abolishing the two-finger test. The guideline itself recognises that the test is “unscientific” and “horrendous.”

 

risingbd/Dhaka/April 12, 2018/Mehade/A K Azad