By Sunidhi Gupta  

In a significant ruling, the Supreme Court of India condemned the practice of conducting the “two-finger test” on sexual assault survivors. The court’s decision came while hearing a Special Leave Petition (SLP) in a criminal case from Meghalaya. The case originated from a criminal appeal, CRLA No.13/2022 in the High Court of Meghalaya. The appellant, Sunshine Kharpan, had been convicted by a trial court for offenses under Section 6 of the Protection of Children from Sexual Offences Act 2012 (POCSO), Section 4 of POCSO, Section 376(2) of the Indian Penal Code (IPC), and Section 506 of the IPC. The trial court convicted the accused on March 30, 2022. The High Court of Meghalaya dismissed the appeal on March 23, 2023, upholding the trial court’s conviction. The accused filed a Special Leave Petition (SLP) in the Supreme Court, which was registered as SLPR 1481/2024. 

While the Supreme Court found no reason to interfere with the concurrent findings of guilt by the lower courts, it took serious note of the continued use of the “two-finger test” in sexual assault cases referring to the ban imposed on the practice through precedents of the Apex Court itself. The court expressed concern that despite these rulings, the practice continued in some parts of the country. The Supreme Court held that the two-finger test as “regressive and invasive in nature”, upholding what the Apex Court has explained in previous judgments as well the court emphasised that this practice violates the dignity and rights of sexual assault survivors. It directed the state of Meghalaya to issue appropriate orders to ensure compliance with previous judgments banning the test. 

The court took on record a circular dated June 27, 2024, issued by the Government of Meghalaya’s Health and Family Welfare Department, which prohibits the two-finger test and mandates disciplinary action for non-compliance. It further directs adherence to 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 is imperative to note the proactive approach of the Court as despite dismissing the SLP, the Supreme Court took this opportunity to address the larger issue of the two-finger test. Further, the comprehensive circular by the Meghalaya government sets a precedent of implementation as circular goes beyond just banning the test. It also mandates compassionate care and psychological support for survivors, indicating a more holistic approach to addressing the needs of sexual assault survivors. 

[Case Title: Sunshine Kharpan v. The State of Meghalaya & Ors., Citation: SLPR 1481/2024] 

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