New Delhi: The Meghalaya government has informed the Supreme Court that the state has prohibited the “two-finger test” in compliance with the top court order deprecating the “regressive” and “invasive” practice on rape survivors to determine whether a survivor of rape or sexual assault was habituated to sexual intercourse.
We hope and trust that circular issued by State of Meghalaya is implemented and abided in its letter and spirit: Apex Court
A bench comprising Justice JB Pardiwala and Justice Sanjay Karol took the circular issued by the Health and Family Welfare Department of Meghalaya government on record prohibiting the “two-finger test” on rape survivors and also disciplinary action for its non-compliance, saying, “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.”
Apex Court earlier expressed its shock at conducting ‘two-finger test’ on rape survivors while hearing an appeal in POCSO case
The top court had earlier in an order dated May 7, 2024 expressed its shock, while hearing an appeal filed by a convict challenging the March 23, 2023 Meghalaya High Court verdict, at conducting “two-finger test” to determine whether a victim of a rape was habituated to sexual intercourse and had directed Advocate General for the State of Meghalaya to submit that appropriate further orders would be issued in the matter imbibing the very spirit of the top court judgment in this regard and with a view to ensure eradication of the evil practice of conducting ‘two-finger test’.
The Advocate General for the State of Meghalaya had assured the top court that the State would issue appropriate further orders as regards due compliance of the judgment of the apex court in the case of State of Jharkhand vs Shailendra Kumar Rai @ Pandav Rai to ensure eradication of the evil practice of conducting “two-finger test” on rape survivors.
What does the circular issued by Meghalaya say?
“Immediate cessation of the two finger test: 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,” the directive by the Meghalaya government read. The directive further said, “Strict disciplinary action: 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. This may include suspension, imposition of minor or major penalties, and other legal actions as deemed appropriate.”
The bench, while taking into record the directive of the Meghalaya government, refused to interfere with the concurrent findings of the two courts below holding the appellant guilty for the offences punishable under the provision of the Protection of Children from Sexual Offences (POCSO) Act.