NEW DELHI, Sep 5: 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 June 27, 2024, was issued by the Health and Family Welfare Department prohibiting the test and warning of disciplinary action for non-compliance.
A bench of Justices JB Pardiwala and 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 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 said in its September 3 order.
“The Supreme Court and the Ministry of Health and Family Welfare have prohibited the practice of conducting the two-finger test 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.
“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 after examining the circular. (PTI)
