Meghalaya bans ‘two-finger test’ on rape victims in compliance with SC order

Guwahati, Sept 5: The Meghalaya government has apprised the Supreme Court that it has banned the controversial “two-finger test” on sexual assault victims.

The decision comes after the Apex Court was alerted to a case where the test was performed on a rape victim in the state, despite its strong condemnation.

The Supreme Court, shocked by the continuation of the practice, sought an explanation from Meghalaya regarding measures to eliminate the test from rape investigations.

On May 7, 2024, the Court issued a clear order denouncing the test, highlighting its scientific baselessness and violation of survivors' dignity.

In response, the Meghalaya government, represented by Advocate General Amit Kumar, submitted a circular issued by the state’s Health and Family Welfare Department on June 27, 2024.

This circular, which explicitly prohibits the test and outlines disciplinary actions for non-compliance, mandates that all government doctors and medical practitioners adhere strictly to this directive.

The Supreme Court's September 3 order noted the circular's issuance and reiterated the prohibition on the two-finger test, underscoring its traumatic impact on survivors and its incompatibility with modern medical standards.

The Court's order was issued alongside the dismissal of a petition by a convict challenging a March 23, 2023, verdict from the Meghalaya High Court, which had affirmed his conviction under the Protection of Children from Sexual Offences Act.

The convict received a 10-year sentence for his crimes.

The Supreme Court and Ministry of Health and Family Welfare’s decision aims at safeguarding sexual assault survivors' rights and ensuring harmful practices are removed from the legal process.