The Meghalaya government on Thursday has informed the Supreme Court that it has banned the controversial ‘two-finger test’ used to determine if a rape survivor is habituated to sexual intercourse.
This practice, deemed regressive and invasive by the Supreme Court, was prohibited through a circular issued on June 27, 2024, by the Health and Family Welfare Department of Meghalaya. The circular mandates that all government doctors and medical practitioners in the state must not conduct this test, with disciplinary action outlined for non-compliance.
The Supreme Court’s bench of Justices J B Pardiwala and Sanjay Karol noted the ban in their September 3 order while dismissing a petition from a convict challenging the Meghalaya High Court’s affirmation of his conviction under the Protection of Children from Sexual Offences Act. The high court had sentenced him to 10 years in prison.
In October 2022, the Supreme Court criticized the ‘two-finger test’ as scientifically baseless and a violation of a survivor’s dignity. The circular reaffirms that the practice is prohibited and emphasizes the need for compassionate and respectful care for survivors, including psychological support.
The bench expressed hope that the Meghalaya government’s new directive will be fully implemented, warning that any future lapses would be taken seriously.
