The Meghalaya government has informed the Supreme Court that it has officially banned the use of the ‘two-finger test’ for determining whether survivors of rape or sexual assault were previously habituated to sexual intercourse. The controversial test has long been criticised as invasive and scientifically baseless.
In a circular dated June 27, 2024, issued by the state’s Health and Family Welfare Department, all medical practitioners were strictly prohibited from conducting the two-finger test. Disciplinary action would be taken against any medical personnel found violating this directive, the directive added.
A bench of Justices J B Pardiwala and Sanjay Karol acknowledged this circular while reviewing a case on September 3, 2024. The bench referred to the Supreme Court’s strong condemnation of the two-finger test in its earlier ruling on May 7, which decried the practice as an affront to a woman’s dignity.
Amit Kumar, the Advocate General for Meghalaya, presented the circular to the court. The circular emphasised that medical professionals in the state must refrain from performing the test, as it not only lacks scientific merit but also revictimises survivors of sexual assault.
The bench, while dismissing an appeal from a convict challenging his conviction under the Protection of Children from Sexual Offences Act, welcomed the state’s prohibition of the practice. It stressed the importance of ensuring survivors receive compassionate and respectful care, including psychological support and counseling services.
The court made it clear that any deviation from this directive would result in strict disciplinary measures as outlined in the Meghalaya Discipline and Appeal Rules, 2019. It also expressed hope that the state of Meghalaya would fully adhere to the circular, avoiding the need for future reprimands.
This decision aligns with a Supreme Court judgment delivered in October 2022, which had condemned the two-finger test for its lack of scientific validity and for causing further trauma to survivor