The Madras High Court emphasized that medical professionals who persist in performing the Two-Finger Test, which has been prohibited by the Supreme Court, will be considered as engaging in misconduct.

Justice SS Sunder and Justice Sunder Mohan highlighted this issue when they encountered a Medico-Legal Examination report in a rape case that mentioned the performance of a Two-Finger Test. The court expressed disappointment that despite clear directives from both the Supreme Court and the High Court, doctors were persisting in conducting this test.

In October 2022, the Supreme Court took a definitive stand by prohibiting the use of the "Two-Finger Test" in rape cases, emphasizing that those conducting such tests would be held accountable for misconduct. The court's decision stemmed from its recognition that the test lacked scientific validity and instead inflicted additional trauma on women who were already victims. The Apex court directed the Union Health Ministry to take proactive measures to prevent survivors of sexual assault from being subjected to this test.

Additionally, both the Union and State Governments were instructed to ensure that guidelines set forth by the Department of Health and Family Welfare, which explicitly disallowed the two-finger test, were disseminated to all government and private healthcare facilities.

Furthermore, the Apex court had mandated workshops for healthcare providers and urged a comprehensive review of medical school curricula to ensure the exclusion of the two-finger test in examinations of rape and sexual assault survivors. In April 2022, the Madras High Court had previously instructed the State Government to prohibit medical professionals from conducting two-finger tests on victims of sexual offenses. The High Court underscored that such tests infringed upon the rights of rape survivors, violating their privacy, physical and mental integrity, as well as their dignity.

Counsel for the Appellant: Mr.Hasan Mohammed Jinnah State Public Prosecutor Assisted by Ms.J.R.Archana, M.Sumi Arnice Mrs.A.Sahana Fathima

Counsel for the Respondent: Mr.R.Rajarathinam, Sr.Counsel for Mr.A.Ashwinkumar, Mr.Abudukumar Rajarathinam, Sr. Counsel for Mr.S.Ashok Kumar