In a recent session dated May 7th, the Supreme Court, during the deliberation of a criminal appeal arising from Meghalaya’s High Court, expressed profound disappointment regarding the persistence of the “two-finger test” in a rape case, despite its condemnation by the Supreme Court. The court acknowledged the case’s antiquity, dating back to October 26th, 2013, yet emphasized its concern over the continuous utilization of this outdated practice even after the landmark ruling in Lillu @ Rajesh and Anr. v. State of Haryana (2013) 14 SCC 643, which deemed the test a violation of a rape victim’s right to privacy.
Presiding over the hearing were Justices CT Ravikumar and Rajesh Bindal, who encountered a distressing revelation during an appeal challenging a rape conviction upheld by the High Court. The revelation spotlighted the distressing application of the two-finger test on a rape victim. In response to this disturbing revelation, the Court directed inquiries to the State of Meghalaya regarding measures taken to eliminate the two-finger test from rape investigations.
Amit Kumar, the State’s Advocate General, cited the Supreme Court’s ruling in State of Jharkhand vs. Shailendra Kumar Rai @ Pandav Rai (2022), assuring the Court of appropriate action taken to eradicate this regressive practice. He referenced guidelines against its usage and a recent warning letter, cautioning against violations of the aforementioned case’s ruling. However, the Court deemed the response insufficient, emphasizing the need for specific actions and clear consequences for misconduct.
Subsequently, the State officer pledged to issue further orders in line with the Shailendra Kumar Rai case, aimed at eradicating the controversial practice. The Court adjourned the matter until September 29th, anticipating tangible progress in resolving this pressing issue.
