Bombay High Court Seeks Response From State Over Steps Taken To Comply With SC Guidelines Against Use Of 'Two-Finger Test'

The Bombay High Court recently asked the Maharashtra government to spell out the steps taken to sensitise medical health providers across the State on the 'insensitive, inhuman and discriminatory' nature of the 'two-fingers test' or the 'virginity test' on survivors of sexual assault or rape. 

A division bench of Justices Nitin Sambre and Vrushali Joshi asked the State to place on record, its compliance to the mandatory directions of the Supreme Court in the case of State of Jharkhand vs. Shailendra Kumar Rai. 

Notably, in the said ruling, the Supreme Court had issued directions to all the States to: 

• Ensure that the guidelines formulated by the Ministry of Health and Family Welfare are circulated to all government and private hospitals;
• Conduct workshops for health providers to communicate the appropriate procedure to be adopted while examining survivors of sexual assault and rape; and
• Review the curriculum in medical schools with a view to ensuring that the “two-finger test” or per vaginum examination is not prescribed as one of the procedures to be adopted while examining survivors of sexual assault and rape.

On a hearing held on March 26, the bench led by Justice Sambre was apprised of the fact that in view of this judgment of the SC, the State must place on record, the steps it has taken to comply with the said directives. The judges were told that not only the State but even the Maharashtra University of Health Sciences, must be filing its compliance report in the case.  

"It is claimed that not only the State Government but also Maharashtra University of Health Sciences must respond to the steps taken for complying the aforesaid directions of the Supreme Court. The counsel for the University and also the counsel for the State seek two weeks time to place on record, their response. Thus, the hearing is adjourned," the order passed on March 26, reads.  

During the hearing, the judges were further informed that based on the directives of the Ministry of Health and Family Welfare, Government of India, the Ministry of Health and Family Welfare, Maharashtra Government has issued guidelines on August 18, 2022, by which it has modified the syllabus for MBBS Course in the State, particularly the subject - Anatomy for the Second Year of the MBBS Course. 

As per this modification, the students of MBBS Course are being asked to discuss and describe how 'signs' of virginity (so called 'virginity test', including finger tests on female genitalia) are unscientific, inhuman and discriminatory. A further question asking students to describe and discuss how to appraise the courts about unscientific basis of these tests if court orders it, has also been included. 

These modifications, the judges were told, were based on the recommendations of the National Medical Commission. 

The bench appreciated the measure undertaken by the authorities and adjourned the hearing till April 9. 

The bench was hearing a Public Interest Litigation (PIL) filed by one Smita Singalkar, who questioned the morality and practicability of the 'two-finger test or virginity test.' The PIL was filed through advocate Renuka Sirpurkar. The petitioner contended that this test is invasive and degrading and is in gross violation of the Right to Privacy of the victim. She therefore sought modification of the MBBS Course, particularly the subject for Second Year, in which it is incorporated. The petitioner argued that such a test ought not to be incorporated in the syllabus, given the abusive, invasive and violative nature of the Virginity Test.

Appearance: 

Advocate Renuka Sirpurkar appeared for the petitioner.

Additional Government Pleader DP Thakare represented the State.

Advocate Abhijit Deshpande represented the Maharashtra University of Health Sciences.

 Advocate Rahul Bhangade represented Union government. 

Case Title: Smita Singalkar vs Maharashtra University of Health Sciences (PIL 19 of 2021)

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