The Meghalaya government has officially banned the controversial ‘two-finger test’ in sexual assault examinations, as informed to the Supreme Court. A circular issued on June 27, 2024, by the state’s Health and Family Welfare Department, mandates disciplinary action against any medical personnel who fail to comply with this new regulation.
This directive aligns with the Supreme Court’s long-standing criticism of the test, which it has condemned as scientifically baseless and a violation of the dignity of sexual assault survivors. Justices J.B. Pardiwala and Sanjay Karol noted the issuance of the circular during a session on September 3, emphasizing the court’s disdain for the practice that re-victimizes and infringes upon the privacy of survivors.
The discussion arose while the bench dismissed a plea by a convict challenging his sentence upheld by the Meghalaya High Court on March 23 of the previous year. The convict faced a 10-year sentence under the Protection of Children from Sexual Offences Act.
The circular explicitly instructs all government doctors and medical practitioners in Meghalaya to avoid performing the two-finger test, underscoring the necessity for medical staff to provide compassionate and respectful care to survivors, including psychological support and counseling services.
Furthermore, any medical professional found violating this directive will face severe disciplinary actions under the Meghalaya Discipline and Appeal Rules of 2019. This decision highlights a significant shift towards more ethical treatment practices within the healthcare system regarding sexual assault cases.
