The Govt of Meghalaya has informed the Supreme Court that it has prohibited the ‘two-finger test’ which was conducted to determine whether a survivor of rape or sexual assault was habituated to sexual intercourse.
The state government told the apex court that a circular dated June 27, 2024, was issued by the Health & Family Welfare Department of Meghalaya prohibiting the test & disciplinary action will be taken for non-compliance.
A bench of Justices J B Pardiwala & Sanjay Karol, which referred to a top court’s order passed on May 7, noted that the apex court had strongly deprecated the practice of conducting a ‘two-finger test’.
“Amit Kumar, the Advocate General appearing for Meghalaya, has tendered a circular dated June 27, 2024, issued by the government of Meghalaya, Health & Family Welfare Department. This circular has been issued prohibiting the ‘two-finger test’ & also disciplinary action for its non-compliance,” the bench said in its September 3 order.
The bench passed the order while dismissing a petition filed by a convict who had challenged the Meghalaya High Court’s verdict delivered on March 23 last year.
The high court had affirmed his conviction for the offences punishable under the provision of the Protection of Children from Sexual Offences Act.
The bench noted that the convict was sentenced to 10 years for the offence.
In a judgement delivered in October 2022, the apex court deprecated the “regressive” & “invasive” practice of the ‘two-finger test’ on rape survivors & said it has no scientific basis & instead re-victimises women who may have been sexually assaulted, & was an affront to their dignity.
In its order passed on September 3, the top court referred to the circular issued by the Meghalaya government.
“The Supreme Court of India & the Ministry of Health & Family Welfare have prohibited the practice of conducting the two-finger test (TFT) on survivors of sexual assault. This practice is scientifically baseless, traumatising, & violates the survivor’s dignity & rights,” the circular said.
“All government doctors & medical practitioners in the state of Meghalaya are hereby directed not to conduct the two-finger test on survivors of sexual assault. Adherence to this directive is mandatory for all government medical personnel,” it said.
The circular further said any doctor found conducting the test will be held guilty of misconduct & strict disciplinary action will be initiated in accordance with the Meghalaya Discipline & Appeal Rules, 2019.
It said the survivors of sexual assault must receive compassionate, respectful & sensitive care, including psychological support & counselling services.
“We hope & trust that the circular referred to above issued by the state of Meghalaya is implemented & abided in its letter & spirit. We hope that in future we may not have to once again condemn the state of Meghalaya for such a serious lapse,” the bench said.
It refused to interfere with the high court verdict that had affirmed a March 2022 order passed by a trial court which had convicted & sentenced the man in the case.