Activist in HC seeking MUHS, govt reply on SC guidelines on discontinuing 'two-finger test'

Nagpur: A women's rights activist has approached the Nagpur bench of Bombay High Court last month seeking directives to the Maharashtra government and Maharashtra University of Health Sciences (MUHS) to apprise on adherence to Supreme Court's guidelines regarding complete elimination of the "two-finger test"—also known as the virginity test or per-vaginum examination.
The counsel representing both respondents assured the division bench comprising Justices Nitin Sambre and Vrushali Joshi that they would submit replies within a fortnight.
The directives emerged following a PIL by barrister and women's rights activist Smita Sarode Singalkar, asserting that the test violates the fundamental rights of sexual assault survivors and perpetuates medically unsound and constitutionally invalid practices.
The Virginity Test, extensively denounced by medical professionals and human rights organisations, involves examining a woman's hymen to draw inferences about her sexual history. The petitioner submitted that this test lacks scientific merit, transgresses the privacy and dignity of women, and can retraumatise survivors of sexual assault. Citing judgements of the Supreme Court and various High Courts, the PIL noted that the test has been declared unconstitutional and devoid of forensic relevance.
Singalkar through counsel Renuka Sirpurkar contended that continued reference to the test in medical education erroneously legitimises its usage and sustains its detrimental legacy. She urged the court to safeguard the constitutional rights of survivors by directing its complete removal from all academic content in Maharashtra's medical institutions.
"The orders passed by this court, which are brought to our notice, are being complied with by the respondents, and we appreciate the measures taken by them. We are informed that the MUHS has already amended the curriculum of second year MBBS anatomy subject and the Union Health Ministry has issued certain guidelines on August 18, 2022 thereby directing incorporation/modification of the curriculum," judges said.
In 2023, the HC directed MUHS and the National Medical Commission (NMC) to eliminate all references to the two-finger test from the second-year MBBS curriculum and to sensitise students about its illegitimacy. It emphasised that medical education must reflect contemporary scientific understanding and uphold the dignity of patients, particularly victims of sexual violence. It had reiterated that medical professionals must be trained to handle cases involving survivors of sexual assault with sensitivity and adherence to constitutional values.
Box – Supreme Court Directives for Centre & States:
a. Ensure that guidelines formulated by Ministry of Health and Family Welfare are circulated to all govt and private hospitals.
b. Conduct workshops for health providers to communicate the appropriate procedure to be adopted while examining survivors of sexual assault and rape.
c. Review the curriculum in medical schools with a view to ensuring that the "two-finger test" is not prescribed as one of the procedures to be adopted while examining survivors MSID:: 120133628 413 |