'Have prohibited 'two-finger test', Meghalaya Government tells SC

The Meghalaya Government has told the Supreme Court that it has prohibited the 'two-finger test' conducted to determine if a rape survivor was habituated to sexual intercourse.

Terming it an affront to dignity of rape survivors, the Supreme Court had in October 2022, deprecated the "regressive" and "invasive" practice of the 'two-finger test', saying it had no scientific basis and instead it re-victimised the victims of sexual assault.

The Meghalaya Advocate General Amit Kumar informed a Bench led by Justice JB Pardiwala on September 3 that a circular dated June 27, 2024, issued by the state’s Health and Family Welfare Department has prohibited the test and disciplinary action will be taken for its non-compliance.

The Bench, which also included Justice Sanjay Karol, referred to its May 7 order in which it had strongly deprecated the practice.

The top court dismissed a petition filed by a convict challenging the Meghalaya High Court's March 23, 2023, verdict affirming his conviction under certain provisions of the Protection of Children from Sexual Offences Act (POCSO). The convict was sentenced to 10 years for the offence, it noted.

"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, adding 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.

The survivors of sexual assault must receive compassionate, respectful and sensitive care, including psychological support and counselling services, it said.

"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, refusing to interfere with the HC verdict that upheld a March 2022 order of the trial court convicting and sentencing the accused.