Question

. Consider the following

1. Pre vaginum test or two finger test

2. Sexual harassment

3. Women as property of husband

Which of the following Statement is true with respect to the above factors?

• A. This test conducted in rape and sexual assault cases is declared as unconstitutional by the Supreme Court
• B. Sexual harassment is an offence under Bharatiya Nyaya Sanhitha 2023 and it deals only with workplace harassment
• C. Indian criminal law does not recognize women as the property of husband
• D. Both A and C

Answer 1

Answer:

D. Both A and C

A . This test conducted in rape and sexual assault cases is declared as unconstitutional by the Supreme Court

• The Supreme Court of India has repeatedly condemned and declared the "two-finger test" (also known as the "pre-vaginum test" or "virginity test") as unconstitutional.

• Explanation: In the Laxmi Singh v. Union of India (2022) case, the Supreme Court unequivocally stated that the two-finger test has no scientific basis and re-victimized victims of sexual assault and rape. It infringes upon the right to privacy, dignity, and bodily integrity of the survivor, violating Article 21 of the Constitution. The court directed states and union territories to ensure that the test is not conducted. This stance was earlier also reflected in the Lily Thomas v. Union of India (2012) case and the Vishaka v. State of Rajasthan (1997) guidelines related to the dignity of women.

  3. Women as property of husband

  • C) Indian criminal law does not recognize women as the property of husband

    • Truth: This statement is True.

    • Explanation: Indian criminal law, particularly after significant reforms, explicitly rejects the notion of women as property. Key legal developments that underscore this include:

      • Decriminalization of Adultery: In Joseph Shine v. Union of India (2018), the Supreme Court struck down Section 497 of the Indian Penal Code (which criminalized adultery where a man had sexual intercourse with the wife of another man without his consent), stating that it treated a woman as the property of her husband. This ruling fundamentally affirmed a woman's individual autonomy and dignity.

      • Marital Rape (Ongoing Debate/Limited Recognition): While marital rape is not yet fully criminalized in all contexts, the ongoing legal discussions and various High Court observations increasingly lean towards recognizing a wife's bodily autonomy within marriage, challenging any notion of implied consent or proprietary rights of the husband over her body.

      • Other Laws: Various laws promoting women's rights, preventing domestic violence, and ensuring bodily integrity (like the Protection of Women from Domestic Violence Act, POCSO, etc.) reinforce the idea that women are not property.