The Government of Meghalaya has informed the Supreme Court that it has banned the 'two-finger test,' a procedure previously used to determine if a survivor of rape or sexual assault had been sexually active. 

The state government advised the apex court that, as of June 27, 2024, a circular from the Health & Family Welfare Department of Meghalaya prohibits the test, with disciplinary action to follow for any violations.

Justices J B Pardiwala and Sanjay Karol, who referred to a Supreme Court order from May 7, highlighted that the apex court had strongly condemned the practice of the 'two-finger test.'

"Amit Kumar, the Advocate General appearing for Meghalaya, has tendered a circular dated June 27, 2024, issued by the government of Meghalaya, Health & Family Welfare Department. This circular has been issued prohibiting the 'two-finger test' & also disciplinary action for its non-compliance," the bench said in its September 3 order.

The bench issued the order while dismissing a petition filed by a convict who had challenged the Meghalaya High Court's decision from March 23 of the previous year. The high court had upheld his conviction under the Protection of Children from Sexual Offences Act, with the convict receiving a 10-year sentence.

In its October 2022 judgment, the Supreme Court had denounced the 'two-finger test' as a "regressive" and "invasive" practice lacking scientific merit. The court criticized it for re-victimizing survivors of sexual assault and undermining their dignity.

In its September 3 order, the Supreme Court referenced the circular issued by the Meghalaya government, which had banned the 'two-finger test.'

"The Supreme Court of India & the Ministry of Health & Family Welfare have prohibited the practice of conducting the two-finger test (TFT) on survivors of sexual assault. This practice is scientifically baseless, traumatising, & violates the survivor's dignity & rights," the circular said.

"All government doctors & 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 said.

The circular also stated that any doctor found performing the 'two-finger test' will be deemed guilty of misconduct, with strict disciplinary action to be taken under the Meghalaya Discipline & Appeal Rules, 2019. 

It emphasized that survivors of sexual assault should receive compassionate, respectful, and sensitive care, including access to psychological support and counseling services.

"We hope & trust that the circular referred to above issued by the state of Meghalaya is implemented & abided in its letter & spirit. We hope that in future we may not have to once again condemn the state of Meghalaya for such a serious lapse," the bench said.

The bench declined to interfere with the high court’s verdict, which had upheld a March 2022 order from the trial court convicting and sentencing the man involved in the case.