The Meghalaya government has officially banned the ‘two-finger test,’ a controversial practice used to assess sexual history in survivors of rape. The decision, communicated to the Supreme Court and detailed in a June 27, 2024, circular, aims to ensure respectful and dignified treatment for survivors, with strict penalties for non-compliance.
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NEW DELHI: The government of Meghalaya has officially banned the controversial ‘two-finger test,’ a method historically used to determine whether survivors of rape or sexual assault were habituated to sexual intercourse. This decision was recently conveyed to the Supreme Court, reflecting the state’s commitment to uphold the dignity and rights of survivors of sexual violence.
The Meghalaya government’s official communication was outlined in a circular dated June 27, 2024, issued by the Health and Family Welfare Department. This document explicitly prohibits the use of the two-finger test, and warns that non-compliance will result in strict disciplinary action against the involved medical professionals. The government’s decision is part of an ongoing effort to ensure survivors receive dignified and respectful treatment, devoid of re-victimization.
A bench comprising Justices J B Pardiwala and Sanjay Karol took cognizance of the circular issued by the state government during a court session, referring to a Supreme Court judgment delivered earlier, on May 7, 2024. The court strongly condemned the two-finger test, describing it as an outdated and harmful practice that has no scientific merit.
During the hearing, the bench stated:
“Amit Kumar, the Advocate General representing Meghalaya, has submitted a circular dated June 27, 2024, from the Health and Family Welfare Department of the Meghalaya government. This circular prohibits the ‘two-finger test’ and outlines disciplinary measures for non-compliance.”
The order was passed as the bench dismissed a petition filed by a convict challenging the Meghalaya High Court’s verdict from March 23, 2023. The High Court had upheld his conviction under the Protection of Children from Sexual Offences Act (POCSO), sentencing him to 10 years in prison. The Supreme Court, in its judgment, not only affirmed the conviction but also reiterated its disapproval of the two-finger test.
Historical Context of the Ban
The Supreme Court has previously expressed strong opposition to the two-finger test. In a landmark judgment from October 2022, the apex court decried the “regressive” and “invasive” nature of the practice. The court emphasized that the test lacks any scientific grounding and only serves to further traumatize rape survivors. It is viewed as a violation of the dignity of survivors, undermining their rights to receive compassionate, unbiased medical care.
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The Supreme Court referred back to the Meghalaya government’s circular in its September 3 order, underscoring the importance of following the directive.
“The Supreme Court of India and the Ministry of Health and Family Welfare have banned the use of the two-finger test (TFT) on survivors of sexual assault. This practice is deemed scientifically invalid, traumatizing, and a violation of the survivor’s dignity and rights.”
– stated the circular.
The circular further stressed that all medical professionals in Meghalaya, including government doctors and healthcare practitioners, are now legally mandated to stop conducting the test.
“All government doctors and medical practitioners in Meghalaya are hereby instructed not to perform the two-finger test on survivors of sexual assault. Compliance with this directive is mandatory for all government medical staff.”
– it read.
Disciplinary Measures for Non-Compliance
The circular issued by the Meghalaya government also warns of stringent consequences for non-compliance.
“Any doctor found performing the test will be deemed guilty of misconduct, and strict disciplinary action will be taken in accordance with the Meghalaya Discipline and Appeal Rules, 2019.”
– it said.
This initiative reflects a larger trend in India, where judicial and governmental bodies are working together to eliminate harmful and unscientific practices that re-traumatize sexual assault survivors. The test has long been viewed as not only a violation of medical ethics but also a direct affront to survivors’ dignity.
In addition to banning the two-finger test, the circular emphasizes the need for compassionate, respectful, and sensitive care for survivors of sexual assault. This care must include psychological support and counseling services, ensuring that survivors receive the help they need to recover without the additional burden of outdated medical procedures.
In response to the circular, the Supreme Court expressed hope that the Meghalaya government’s instructions would be strictly implemented.
“We trust that the circular issued by the state of Meghalaya will be implemented fully and faithfully. We hope that in the future, there will be no need to criticize the state of Meghalaya for such a serious oversight.”
-said the bench.
