SHILLONG: The Meghalaya government has informed the Supreme Court that it has issued a circular in compliance with the directions of the court prohibiting the ‘two finger test’ on rape survivors.
The state government informed the apex court that a circular was issued in June this year by the state Health and Family Welfare Department prohibiting the ‘two-finger test’ and that disciplinary action will be taken for non-compliance.
The bench of Justices JB Pardiwala and Sanjay Karol was hearing a criminal appeal arising out of the High Court of Meghalaya filed by a person convicted of the offense rape and charged under the POCSO.
During the hearing, the Advocate General of the State, Amit Kumar, appraised the apex court of the recent circular issued by the State in line with the decision of the Supreme Court.
In a 2022 judgement, the Supreme Court disapproved the regressive and invasive ‘two-finger test’ practice on rape survivors saying it has no scientific basis and instead re-victimises women who may have been sexually assaulted and was an affront to their dignity.
As per the circular dated June 27, Meghalaya issued a directive for ‘immediate cessation of the two finger test’ by all government doctors and medical practitioners in the state.
“The Supreme Court of India and the Ministry of Health and Family Welfare have prohibited the practice of conducting the two-finger test (TFT) on survivors of sexual assault. This practice is scientifically baseless, traumatising, and violates the survivor’s dignity and rights,” the circular said.
“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 circular added.
“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,” the circular said.
“Survivors of sexual assault must receive compassionate, respectful, and sensitive care, including psychological support and counseling services,” the circular stated.
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“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,” the bench said.
