Doctors Directed To Stop 'Two-Finger Test' On Rape Victims, Violators Will Be Punished : Meghalaya Govt Tells Supreme Court

The State of Meghalaya recently informed the Supreme Court that it has issued circular in compliance with the earlier directions of the Court prohibiting the 'Two Finger test' on rape survivors.

The bench of Justices JB Pardiwala and Sanjay Karol was hearing a criminal appeal arising out of the High Court of Meghalaya filed by a person convicted of offense rape and charges under the POCSO. Notably, earlier a bench of CT Ravikumar and Rajesh Bindal expressed dismay over a shocking incident where a two-finger test was applied to the rape victim in the case.

During the hearing, the Advocate General of the State, Amit Kumar, apprised the Court of the recent circular issued by the State in line with the decision of the Top Court in State of Jharkhand vs. Shailendra Kumar Rai @ Pandav Rai(2022)., where the Court, in 2022, had reiterated the prohibition on the "Two-Finger Test" in rape cases and warned that persons conducting such tests would be held guilty of misconduct.

As per the Circular dated June 27, the State of Meghalaya has issued a directive for 'Immediate Cessation of the Two Finger Test' by all Government Doctors and medical practitioners in the State.

It further 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.”

The State Government has also directed all Government medical personnels to familiarize themselves and comply 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.

It further emphasized the need to provide compassionate care to rape survivors.

“Survivors of sexual assault must receive compassionate, respectful, and sensitive care, including psychological support and counseling services”

Taking note of the same, bench observed the need to ensure full compliance of the directives.

“We hope and trust that the circular referred to above 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.”

The bench also dismissed the petition on merits and upheld the conviction.

Case Title: SUNSHINE KHARPAN VS. THE STATE OF MEGHALAYA., DIARY NO. - 48388/2023

Citation : 2024 LiveLaw (SC) 654

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