The Bombay High Court at Nagpur has sought a response from the Maharashtra state government in a Public Interest Litigation (PIL) concerning the continued inclusion of the controversial “two-finger test” or virginity test in the MBBS curriculum.
PIL HIGHLIGHTS VIOLATION OF PRIVACY AND MEDICAL ETHICS
The petition was filed by Smita Sarode Singalkar, raising serious concerns over the persistence of the two-finger test in medical education. She argued that the test:
- Violates the right to privacy of sexual assault survivors.
- Is both morally and scientifically indefensible.
COURT REFERENCES SUPREME COURT’S 2022 JUDGMENT
The Division Bench of Justice Nitin W. Sambre and Justice Vrushali V. Joshi emphasized the State’s duty to comply with the Supreme Court’s 2022 ruling in State of Jharkhand vs. Shailendra Kumar Rai.
In this landmark decision, the Supreme Court directed both Union and State governments to:
“Ensure compliance with the Centre’s Ministry of Health and Family Welfare’s guidelines on the eradication of the two-finger test and other invasive practices from the medical examination of sexual assault survivors.”
Additionally, the apex court called for:
Workshops for healthcare providers, and
Curriculum reviews to eliminate unscientific and discriminatory practices.
STEPS TAKEN BY AUTHORITIES: NMC AND MINISTRY GUIDELINES
The High Court took note of efforts already made by central health authorities. On August 18, 2022, the National Medical Commission (NMC) issued guidelines instructing that:
“The two-finger test should be removed from medical practice and students should be educated on the unscientific basis of such tests.”
CURRICULUM CHANGES AT MAHARASHTRA UNIVERSITY OF HEALTH SCIENCES
The Maharashtra University of Health Sciences (MUHS), a primary respondent in the case, has reportedly updated its second-year MBBS anatomy curriculum by these guidelines.
The revised curriculum aims to:
“Equip medical professionals to explain the legitimacy and unscientific nature of virginity tests, including the two-finger test on female genitalia.”
COURT’S DIRECTIONS AND NEXT HEARING
Despite the modifications, the High Court directed the State Government and the University to submit a detailed report within two weeks, specifically outlining:
- Steps taken to implement the Supreme Court’s directives,
- Status of compliance with Ministry and NMC guidelines.
The matter is now scheduled for the next hearing on April 9, 2025.
LEGAL REPRESENTATION
- Advocate Renuka Sirpurkar appeared for the petitioner, Smita Singalkar.
- Additional Government Pleader DP Thakare represented the State of Maharashtra.
- Advocate Abhijit Deshpande appeared on behalf of the Maharashtra University of Health Sciences.
- Advocate Rahul Bhangade represented the Union government.
