Meghalaya Govt. Tells SC about its Circular Prohibiting the Two-Finger Test on Rape Survivors and Disciplinary Action for Non-Compliance

Recently, the State of Meghalaya informed the Supreme Court (SC) of India that it has issued a circular in compliance with the top court’s earlier directions prohibiting the ‘Two-Finger Test’ on rape survivors. The same was apprised by Advocate General of the State Amit Kumar during the hearing. The bench constituting Justice JB Pardiwala and Justice Sanjay Karol said, “Mr. Amit Kumar, the learned Advocate General appearing for the State of Meghalaya has tendered a circular dated 27 June 2024 issued by the Government (Govt.) of Meghalaya, Health and Family Welfare Department. This circular has been issued prohibiting the ‘two-finger test’ and also disciplinary action for its non-compliance.” 

As per the circular, “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.” It also states that “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.” Moreover, the Government of Meghalaya also said that all Government doctors should familiarize themselves with and adhere to the “Guidelines and Protocols for Medico-legal care for survivors/victims of sexual violence, 2014” issued by the Ministry of Health & Family Welfare, Government of India. The Circular further reads, “Survivors of sexual assault must receive compassionate, respectful, and sensitive care, including psychological support and counseling services.” 

In the present case, the Supreme Court bench was hearing a criminal appeal arising out of the Meghalaya High Court filed by a convicted person under the offence of rape and charges under the POCSO Act. The bench, in its order, said, “Having heard the learned counsel appearing for the parties and having gone through the materials on record, we see no good reason to interfere with the concurrent findings of the two courts…holding the petitioner guilty of the offences with which he was charged. However, we take notice of the order passed by a coordinate Bench of this Court dated 7 May 2024 (Justice CT Ravikumar and Justice Rajesh Bindal). This order has something to do with the conducting of “two-finger test” to determine whether a victim of a rape was habituated to sexual intercourse.” After noting that the State of Meghalaya had issued a circular in line with the decision of the SC in the Shailendra Kumar Rai case, the apex court dismissed the current petition and upheld the conviction. It said, “We hope and trust that the circular…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.”