Source: Google
SHILLONG: The Meghalaya government, in an affidavit to the Supreme Court, has stated that it has prohibited the use of the "two-finger test" to ascertain whether a rape or sexual assault survivor was used to sexual activity.
The state government said the Health and Family Welfare Department issued a circular on June 27 this year banning the test and had warned that any violation would attract disciplinary proceedings.
A division bench of Justices J.B. Pardiwala and Sanjay Karol observed that by its judgment dated May 7, the Supreme Court, while condemning the practice, has already disapproved of the "two-finger test".
Amit Kumar, the Additional Advocate General of Meghalaya, produced a notification in the form of a circular dated June 27, 2024, issued by the Health and Family Welfare Department of the State.
That circular bans the "two-finger test" and ordered the disciplinary action would be started against those who do not follow the guidelines, the order further said.
The bench passed this order while dismissing a petition from a convict who wanted to challenge the Meghalaya High Court order passed on March 23 of last year.
The high court has confirmed the sentence of the convict under the Protection of Children from Sexual Offences Act and given 10 years.
The bench has also said that in October 2022, the Supreme Court condemned the use of outdated and invasive "two-finger test" on rape survivors as it has absolutely no scientific validity and further traumatizes the women sexually assaulted, thereby violating their dignity.
The Supreme Court referred to a circular issued by the Meghalaya government banning the test in its 3 September order.
The Supreme Court of India and the Ministry of Health and Family Welfare banned the two-finger test method used on sexual assault survivors to find out whether or not they are 'virginity test' citing that the same is scientifically unwarranted and traumatic and ends up trampling down the survivor's dignity and rights.
The circular was addressed to all government doctors and medical practitioners in Meghalaya, asking them to abstain from the use of the practice on sexual assault survivors. It warned all doctors that anybody found doing the test is deemed guilty of misconduct and shall attract stringent disciplinary action under the Meghalaya Discipline and Appeal Rules, 2019.
The circular outlined that the victims of rape should be handled with empathy, dignity, and sensitivity and provided with psychological and counselling services. The bench expects that the Government of Meghalaya shall seriously implement and adhere to the said circular.
The bench also warned that they do not want to see the day in future's times when it is compelled to reprimand the State again for such a vital issue. The bench opined that it is not inclined to interfere in the high court's order, which had reserved the conviction and sentence passed by the trial court in March 2022 in which the person was convicted, arrested, and taken into custody.
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