The two-finger test/Per Vaginal examinal/Bio mamual test Definition: (Section 375 Penal Code) Define Rape as Sexual intercourse by a man with a woman in any of the following five circumstances: 1]against her will, or; 2) without her consent, or; 3) with her consent when her consent has been obtained by putting her in fear of death or hurt, or; 4) with her consent when the man knows he is not her husband but she has given consent because she believes him to be another man to whom she is lawfully married, or; 5) with or without her consent when she is under fourteen years of age. As expanded in NSND: (Section 9 (1)) (i) sexual intercourse with a woman over the age of 16 years, to whom the accused person is not married, without her consent, or despite the fact that she shows fear, or by gaining her consent through fraudulent means and; (ii) sexual intercourse with any woman below the age of 16 years. Evidence used on genital area Stains of blood or sperm on the clothes of the victim or accused Presence/absence of blood/semen in vagina Rupture of hymen- Findings from Two Finger test Indications of penetration Indications of venereal disease passed from accused DNA: 1) To establish paternity, 2) To examine fibres The two-finger test also known as the PV (Per Vaginal) refers to an intrusive physical examination of a woman’s vagina to figure out the laxity of vaginal muscles and whether the hymen is distensible or not. In this, the doctor puts two fingers inside the woman’s vagina and the ease with which the fingers penetrate her are assumed to be in direct proportion to her sexual experience. Thus, if the fingers slide in easily the woman is presumed to be sexually active and if the fingers fail to penetrate or find difficulty in penetrating, then it is presumed that she has her hymen intact, which is a proof of her being a virgin. The Two Finger Test A medical examination in which the examining doctor notes the presence or absence of the hymen and the size and socalled laxity of the vagina of the rape survivor and comments about whether she is “habituated” to sexual intercourse (Human Rights Watch) BLAST. Main Problems with ‘the two finger test” (1)Virginity and or “habituation” cannot be “tested” by per vaginal examination (2)The results are not legally probative (3)The result are not logically probative (4)The test causes additional trauma (5)The test causes additional stigma (6)The test is in breach of national and international obligations (7)The test goes against international standards for the collection of medical evidence. Bangladesh Legal Aid and Services Foundation (BLAST) On October 8, 2013, the Bangladesh Legal Aid and Services Foundation (BLAST) along with 5 other civil society organizations and two medical experts filed a petition alleging that a routine medical procedure performed in rape investigations violated the Constitution of Bangladesh. The lawsuit focused on the "two fingers" test, an invasive and inconclusive medical procedure in which a doctor inserts two fingers into a woman's vagina to determine whether the sexual assault has occurred or not. The doctor also often uses the test to give an opinion about whether the victim was "used to having sex." In 2013, the Supreme Court chamber that reports to the Supreme Court ordered government agencies to provide a justification as to why these procedures did not violate the Constitution. Responding to the appeal filed by the petitioners in 2016, the same court found that the "twofinger test" had no legal or scientific basis. The Court prohibited the practice and ordered medical providers to use the "Health Protocol for Victims of Sexual Violation" that follows the guidelines established by WHO and create forensic care and medical examination rooms. The Court also asked the government to issue a circular so that the judges of lower courts, prosecutors and the entities in charge of investigating have knowledge of this decision. Finally, the Court prohibited the lawyers from asking questions that would affect the dignity of the victims of rape during the trial. Hon'ble court pleased to dispose of the rule with following 8 directionsAfter conclusion of the hearing, the Hon'ble court pleased to dispose of the rule with following 8 directions1. The TFT is not scientific, reliable, valid and hereby prohibited in any examination of rape victim. 2. The respondents shall make available the health care protocol ( Health Response To Gender Based Violence- Protocol For The Health Care Providers) to forensic experts, physicians who conduct medical examination on rape victims; police officers who conduct investigation of rape case; public prosecutors appointed in Nari O Shishu Nirjataon Tribunal and other interested private lawyers 3. Physicians/forensic experts shall issue medical certificates about examination of rape, they shall not use the degrading word “habituated to sexual intercourse” and shall not ask any questions of her previous sexual experience. 4. In case of a deep-seated intra-vaginal examination the matter shall be referred to a Gynecologist for an expert opinion to identify an injury or for medical reasons. 5. Per speculum examination is not a must in the case of children/young girls when there is no history of penetration and no visible injuries. 6. The bimanual test is not related to TFT and being related to obstetrician gynecological examinations only, same shall not be practiced in rape victim. 7. The Government shall appoint trained doctors and nurses for medical examination of rape victim. Such examination shall be conducted in presence of preferably female police, female relative and preferably by female physicians. The concern physicians and forensic experts shall strictly maintain the privacy of the victim. 8. The Nari-oShishu Nirjaton Tribunal shall ensure that no lawyer shall ask any degrading question to rape victim which is not necessary to ascertain any information of rape. Guidelines and protocols for Medico-legal care for survivors/victims of Rape Victims.. The guidelines also provide that the status of the hymen is irrelevant as it can also be torn due to other things such as cycling, riding among other things. An intact hymen does no rue out the sexual violence and the torn hymen also does not prove sexual intercourse. Hymen should be treated like any other part of the genitals while documenting examination findings in sexual violence cases. In the case of assault, only relevant findings such as fresh tears, bleedings, edema etc are to be documented. The guidelines directed that in cases of sexual violence more focus should be on the testimonies of the victim and the witness rather than the physical examination to check for injuries to the genital area. Effects of Two finger test : Physical harm: Virginity tests resulted in physical harm to examinees. Reported incidents include injury caused by examiner, relatives, and examinee herself. Reports include examiner-induced aggravation of existing injuries, a failed test resulting in a relative breaking examinee’s arms, and completed suicide. Psychological harm: The psychological trauma of anticipating, experiencing, and recalling the virginity test was reported by examinees and witnesses. Included are reports of extreme fear and anxiety before the test, screaming, crying, and fainting during the test, and long-term effects of self-hatred, loss of self-esteem, violation of privacy, and revictimization of previous sexual assault. Social harm: The social effects of virginity testing were documented. Included are reports of a negative test bringing shame and dishonor to families and communities, social ostracism through marriage ineligibility and exclusion from jobs, and humiliation through name-calling. Positive tests also are reported to increase a virgin’s risk of sexual assault. DNA Test as Replacement of Bimanual Test: Rape is such experience which shakes the foundations of the lives of the victims. For many, its effect is a long-term one, impairing their capacity for personal relationships; altering their behavior and values and generating endless fear. Woman or a girl subject to sexual assault is not an accomplice to the crime, but is a victim of another person's lust. It is improper and undesirable to test her evidence with a certain amount of suspicion treating her as if she were an accomplice. When there are no witnesses, when the victim is killed after being ravaged, or in cases of child rape, where a child cannot speak up for herself about what has happened to her, DNA evidence can provide incontrovertible proof which can be used to pressure a rapist into confessing to his crimes. DNA is the genetic blue print for life and is virtually contained in every cell. No two persons, except identical twins have ever had identical DNA. DNA testing can make a virtually positive identification when the two samples match. It exonerates the innocent and helps to convict the guilty. DNA profiling is a reliable diagnostic technique that can be useful in establishing guilt or innocence. Introducing DNA profiling in the medical test of rape victims would be a vital contribution to troubleshoot the issue of bimanual test and would also allow the investigators, associated with medico-legal process, to get access to a technology which can help in ensuring right to privacy and dignity.