Northeast Desk, 5th September: The Meghalaya government has officially banned the controversial ‘two-finger test,’ a practice used to determine if survivors of rape or sexual assault were “habituated” to sexual intercourse. The state government informed the Supreme Court that the Health and Family Welfare Department issued a circular on June 27, 2024, prohibiting the practice and warning that non-compliance would result in disciplinary action.
The move comes after a Supreme Court bench comprising Justices J B Pardiwala and Sanjay Karol strongly condemned the use of the test, following a previous order issued by the apex court on May 7, 2023. The top court had earlier ruled that the ‘two-finger test’ was regressive, scientifically unsound, and further victimized women who had already endured trauma.
During the proceedings, Meghalaya’s Advocate General Amit Kumar presented the circular to the bench, stating that all government doctors and medical practitioners in the state had been directed to cease the practice immediately. The circular explicitly warned that doctors who conduct the test would be subject to disciplinary action under the Meghalaya Discipline and Appeal Rules, 2019.
In its September 3 order, the Supreme Court emphasized the need for strict adherence to the circular, urging the state to ensure that survivors of sexual assault receive respectful and compassionate care, including psychological support. “We trust that this directive will be implemented in both letter and spirit. We hope not to revisit this issue with the state of Meghalaya in the future,” the bench noted.
The bench passed its ruling while dismissing an appeal filed by a convict challenging a March 2022 decision by the Meghalaya High Court, which upheld his conviction under the Protection of Children from Sexual Offences (POCSO) Act. The Supreme Court reaffirmed the convict’s 10-year sentence for the offence.
The Supreme Court had earlier, in an October 2022 judgement, deprecated the invasive practice, highlighting its lack of scientific validity and the psychological harm it inflicted on survivors. The ruling underscored that the ‘two-finger test’ is an affront to the dignity and rights of women.
Meghalaya’s recent circular is seen as a significant step towards ensuring that medical examinations of sexual assault survivors are conducted with respect, sensitivity, and without re-traumatizing the victims.