Meghalaya Bans 'Two-Finger Test' for Sexual Assault Survivors Following Supreme Court Directive

The Meghalaya government has banned the 'two-finger test' for determining the sexual history of rape survivors, following a Supreme Court directive. A circular issued on June 27, 2024, prohibits the test and mandates disciplinary action for non-compliance. The Supreme Court termed the practice invasive and scientifically baseless.

The Meghalaya government has officially prohibited the controversial 'two-finger test' used to determine whether rape or sexual assault survivors are habituated to sexual intercourse. The decision follows a Supreme Court directive that strongly condemned the practice.

On June 27, 2024, the state's Health and Family Welfare Department issued a circular prohibiting the test and warning of disciplinary action for those who fail to comply. Advocate General Amit Kumar presented the circular to a bench of Justices J B Pardiwala and Sanjay Karol, who noted the apex court's disdain for the test in their September 3 order.

The Supreme Court's decision to deprecate the test comes after it found the 'two-finger test' scientifically invalid and harmful to survivors' dignity and rights. The state government has mandated that all its doctors and medical practitioners desist from conducting the test, threatening strict disciplinary action under Meghalaya's Discipline and Appeal Rules, 2019, for violations. The bench emphasized the importance of compassionate and respectful care for sexual assault survivors, including psychological support and counseling services.

(With inputs from agencies.)