New Delhi: In a petition filed before the Supreme Court by a convict who had challenged the Meghalaya High Court’s verdict the Meghalaya government 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 27 June was issued by Meghalaya’s health and family welfare department prohibiting the test, and disciplinary action will be taken for non-compliance. A bench of Justices J.B. Pardiwala and Sanjay Karol, which referred to a top court’s order passed on 7 May, noted that the apex court had strongly deprecated the practice of conducting a ‘two-finger test’.
The bench in its order said “Amit Kumar, the Advocate General appearing for Meghalaya, has tendered a circular dated June 27, 2024, issued by the government of Meghalaya, Health and Family Welfare Department. This circular has been issued prohibiting the ‘two-finger test’ and also disciplinary action for its non-compliance.” The bench passed the order while dismissing a petition filed by a convict who had challenged the Meghalaya High Court’s verdict delivered on 23 March 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” and “invasive” practice of the ‘two-finger test’ on rape survivors and said it has no scientific basis and instead re-victimises women who may have been sexually assaulted, and was an affront to their dignity. The bench in its order referred to the circular issued by the Meghalaya government. “The Supreme Court of India and the Ministry of Health and Family Welfare have prohibited the practice of conducting the two-finger test (TFT) on survivors of sexual assault. This practice is scientifically baseless, traumatising, and violates the survivor’s dignity and rights,” the circular said. “All government doctors and 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 and strict disciplinary action will be initiated in accordance with the Meghalaya Discipline and Appeal Rules, 2019. It said the survivors of sexual assault must receive compassionate, respectful and sensitive care, including psychological support and counselling services. “We hope and trust that the circular referred to above issued by the state of Meghalaya is implemented and abided in its letter and 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 and sentenced the man in the case.
