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 emphasised 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. The bench said, ‘We want to ensure that the Two-Finger Test and the archaic Potency Test are discontinued. There shall be a direction to the Director General of Police to instruct the Inspector General of Police of various zones to collect data by going through medical reports prepared in all cases starting from January 1, 2023, involving sexual offences and see if any report given makes reference to the Two-Finger Test.’
‘If any such report is identified, it shall be collected and shall be brought to the notice of this court. On receipt of the same, we will pass further orders. Likewise, the Potency Test that is done in cases involving sexual offence, carries a mechanism of collecting sperm from the offender and this is a method of the past. Science has improved methods and bounds and it is possible to conduct this test by just collecting the blood sample.’
‘Such advanced techniques are being followed across the world and we should also fall in line. Hence, there will be a direction to the respondents (authorities) to come up with a standard operating procedure for conducting the Potency Test by merely collecting the blood sample. On receipt of the report, we will pass further orders.’
The bench set the case for further hearing on August 11th.
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