In a significant move towards safeguarding the dignity and rights of rape survivors, the State of Meghalaya recently informed the Supreme Court of India that it has taken strict measures to prohibit the controversial and discredited 'Two-Finger Test on rape victims. The test, long criticized for being invasive, unscientific, and traumatic, has now been officially banned in the state through a circular issued on June 27, 2024, following earlier directions from the Supreme Court.
The Context of the Case
The issue surfaced during the hearing of a criminal appeal in the Supreme Court relating to a rape conviction and charges under the Protection of Children from Sexual Offences (POCSO) Act. During the proceedings, it came to light that the archaic 'Two-Finger Test' had been used on a rape survivor. This prompted the Supreme Court to express shock and dismay at the continued practice of the test, despite its clear prohibition.
Supreme Court’s Stance
The Supreme Court of India has consistently held that the 'Two-Finger Test' violates the privacy and dignity of survivors, adding to their trauma. In its landmark 2022 ruling in State of Jharkhand vs. Shailendra Kumar Rai @ Pandav Rai, the Supreme Court had explicitly warned against conducting the test and stated that any doctor found guilty of administering the test would face serious consequences.
Meghalaya’s Compliance with the Ruling
In response to these directives, the State of Meghalaya issued a circular mandating the "Immediate Cessation of the Two-Finger Test" by all medical professionals, both government and private. The circular clearly outlines the consequences for any violation, which include disciplinary action under the Meghalaya Discipline and Appeal Rules, 2019. Doctors found guilty could face suspension, fines, and even legal action.
Additionally, the State Government has directed all medical practitioners to familiarize themselves with 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. This ensures that healthcare providers follow sensitive and respectful protocols when dealing with survivors of sexual assault.
A Step Towards Compassionate Care
The Meghalaya Government’s circular also emphasizes the importance of providing compassionate care, counselling, and psychological support to survivors of sexual violence. This directive aims to ensure that survivors receive respectful and empathetic medical treatment, in line with international standards of care.
The prohibition of the 'Two-Finger Test' is a vital step in ensuring justice and dignity for rape survivors. While the practice has been officially banned, its persistence in certain areas reveals the need for continuous legal and social advocacy. The actions taken by the Meghalaya Government, in compliance with the Supreme Court's directives, set a strong precedent for other states to follow, as India moves towards a more sensitive and survivor-centric approach to handling sexual assault cases.
This development not only highlights the role of the judiciary in safeguarding human rights but also stresses the importance of compliance and awareness among medical practitioners to ensure the protection of survivors' dignity.
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