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The Madras High Court stated that because science has advanced, there is no longer a need to collect semen samples and ordered the authorities to develop a Standard Operating Procedure (SOP) for conducting a potency test solely using an accused's blood sample. Additionally, it emphasized how crucial it is to stop using the Two-Finger Test.
In a recently passed order dated July 7, 2023, a division bench made up of Justices N Anand Venkatesh and Sunder Mohan, which was specially constituted to monitor the implementation of the Protection of Children from Sexual Offences Act and Juvenile Justice (Care and Protection) Act, issued the directive.
A habeas corpus case involving a little boy and girl was also being heard by the bench.
"We want to make sure that the Two-Finger Test and the antiquated Potency Test are discontinued," the bench declared. The Director General of Police shall issue instructions to the Inspector General of Police of various zones to gather data by reviewing medical reports prepared in all cases involving sexual offenses beginning on January 1, 2023, and determining whether any report provided makes reference to the Two-Finger Test.
"If any such report is found, it must be gathered and brought to the court's attention. We will issue more orders once we receive the same.Â
