Meghalaya prohibits ‘two-finger test’ on rape victims in compliance with Supreme Court order

Guwahati: The Meghalaya government has apprised the Supreme Court of prohibiting the ‘two-finger test’ conducted to determine if a survivor of rape or sexual assault was habituated to sexual intercourse.

The Meghalaya government informed the apex court that a circular was issued in June this year by the state Health and Family Welfare Department prohibiting the ‘two-finger test’ and disciplinary action will be taken for non-compliance.

Referring to a top court’s order passed earlier this year, a bench of judges noted that the Supreme Court had strongly disapproved the practice of conducting such tests.

The bench, while dismissing a convict’s petition challenging the Meghalaya High Court’s March 23, 2023 verdict, passed the order.

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In a 2022 judgement, the Supreme Court disapproved the regressive and invasive ‘two-finger test’ practice on rape survivors saying it has no scientific basis and instead re-victimises women who may have been sexually assaulted and was an affront to their dignity.

The top court in its order passed on September 3 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,” the circular added.

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“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 circular said.  

The circular further said that 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.