In a significant step towards protecting the rights and dignity of sexual assault survivors, the Meghalaya government has officially banned the invasive and scientifically discredited ‘two-finger test.’ The decision comes in response to a Supreme Court directive, issued in May 2024, that condemned the practice for violating the dignity of rape survivors. The government affirmed this in an affidavit submitted to the Supreme Court, citing a circular issued by its Health and Family Welfare Department on June 27, 2024.
Meghalaya Health Department Prohibits ‘Two-Finger Test’ with Disciplinary Warnings
The Health and Family Welfare Department of Meghalaya issued a formal circular on June 27, banning the ‘two-finger test’ for survivors of sexual assault, emphasizing that its use would result in stringent disciplinary action against any medical practitioner found violating the guidelines. This circular is seen as a landmark move to end an outdated practice that has long been criticized for further traumatizing survivors rather than aiding in justice.
“The two-finger test has been discredited not only as unscientific but also as deeply traumatic for sexual assault survivors. We are committed to ensuring their dignity and protection,” said Amit Kumar, Additional Advocate General of Meghalaya, who presented the circular to the Supreme Court bench.
Supreme Court Strongly Condemns Invasive Procedure
The Supreme Court has been vocal in its disapproval of the ‘two-finger test’ since 2022, when it first condemned the procedure as an invasive and outdated method of evaluating sexual assault survivors. In a judgment dated October 2022, the court ruled that the practice had no scientific validity and only served to re-traumatize victims.
A division bench of Justices J.B. Pardiwala and Sanjay Karol reiterated these sentiments in their recent decision, stating that the test “tramples upon the dignity of survivors” and expressed confidence that the government of Meghalaya will seriously implement the circular banning the procedure.
Court Dismisses Convict’s Appeal, Upholds Ban
The bench made these observations while dismissing an appeal from a convicted rapist who sought to challenge the Meghalaya High Court’s order from March 2023. The High Court had upheld the convict’s 10-year sentence under the Protection of Children from Sexual Offences (POCSO) Act.
In its ruling, the Supreme Court noted that it expects the Meghalaya government to adhere strictly to its guidelines regarding the ban on the ‘two-finger test’ and to implement the Health Department’s circular without delay. The bench made it clear that failure to follow these directives would attract severe reprimand from the court.
Circular Stresses Survivor-Centric Approach to Care
The circular issued by the Meghalaya Health and Family Welfare Department was not only aimed at banning the test but also at promoting a more compassionate, survivor-centric approach to care. Addressed to all government doctors and medical practitioners in the state, the circular emphasized the need for treating rape survivors with “empathy, dignity, and sensitivity.” It mandated that survivors be provided with both psychological support and counseling services, acknowledging the emotional trauma they endure in addition to physical harm.
Moreover, the circular warned that any doctor found conducting the banned test would be subject to disciplinary action under the Meghalaya Discipline and Appeal Rules, 2019, signaling the state’s serious stance on the issue.
A National Push to End the Two-Finger Test
Meghalaya’s ban on the ‘two-finger test’ aligns with a broader national movement to eradicate the practice across India. Both the Supreme Court and the Ministry of Health and Family Welfare have called for the elimination of the test, citing its scientific invalidity and the psychological damage it causes. The Ministry has also labeled the test as a violation of survivors’ human rights, emphasizing that such methods have no place in modern medical procedures or legal frameworks.
The test, colloquially known as the “virginity test,” has faced severe criticism for years. Medical and legal experts argue that it reinforces harmful stereotypes about women’s sexual behavior, while offering no legitimate proof of whether an assault occurred. By banning the test, Meghalaya joins other Indian states in safeguarding the dignity of sexual assault survivors.
Meghalaya Government’s Commitment to Reform
The Supreme Court bench commended the Meghalaya government for its quick response in banning the ‘two-finger test,’ but also cautioned against future complacency. The justices stressed that they do not want to revisit the issue due to non-compliance in the future.
“The Meghalaya government must take this directive seriously and ensure the strict implementation of this circular. We hope never to see a day when the court is forced to reprimand the state again on such a sensitive and vital matter,” the bench remarked.
By focusing on enforcing these progressive medical guidelines, the state government hopes to bring about a change in the way sexual assault survivors are treated, ensuring that their dignity is maintained throughout the investigation and recovery process.
A Step Forward for Women’s Rights in Meghalaya
The ban on the ‘two-finger test’ marks a pivotal moment for women’s rights and the treatment of sexual assault survivors in Meghalaya. It highlights the state’s commitment to upholding the principles of justice, dignity, and compassionate care, aligning with the Supreme Court’s push for reform in medical practices concerning sexual assault.
The move is expected to significantly impact the legal and medical treatment of rape survivors in the state, providing them with the support and dignity they deserve. Legal experts and women’s rights activists have welcomed the government’s decision, stating that this reform will contribute to a safer, more just society for survivors of sexual violence.
A Significant Victory for Human Rights
The Meghalaya government’s decision to ban the ‘two-finger test’ is a monumental step in addressing the long-standing issue of victim-blaming in cases of sexual assault. By aligning with the Supreme Court’s directive, the state has committed to safeguarding the rights and dignity of survivors. With this change, Meghalaya sets an important precedent for other states to follow, ensuring that outdated, invasive practices are replaced with modern, survivor-centric methods that prioritize justice and humanity.
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