The Bombay High Court has asked the Maharashtra Government and the Maharashtra University of Health Sciences (MUHS) to detail the steps taken to stop the use of the controversial 'two-finger test' on sexual assault survivors. This direction follows the Supreme Court’s earlier ruling that strongly condemned the test as “unscientific, inhuman, and discriminatory.”
A division bench of Justices Nitin W. Sambre and Vrushali V. Joshi, during a hearing on March 26, 2025, questioned the State on how it has implemented the mandatory directions of the Supreme Court. The court has given the State and the University two weeks to file their responses and deferred the hearing to April 9, 2025.
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"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 bench noted.
This Public Interest Litigation (PIL No. 19 of 2021) was filed by Smita Sarode Singalkar through Advocate Renuka Sirpurkar. The petitioner raised concerns over the inclusion of the 'two-finger test' in the MBBS curriculum and sought its complete removal, describing the test as invasive, degrading, and a violation of survivors' right to privacy.
The PIL relied on the landmark judgment by the Supreme Court in State of Jharkhand vs. Shailendra Kumar Rai, where the apex court gave the following directives to all States and the Central Government:
During the March 26 hearing, the High Court was informed that the State Government, following the directions from the Ministry of Health and Family Welfare (issued on August 18, 2022), has already modified the MBBS syllabus. These changes were incorporated especially in the subject of Anatomy for second-year students, based on recommendations from the National Medical Commission.
“FM3.18: Describe legitimacy and its medicolegal importance. Describe and discuss how ‘signs’ of virginity (so-called 'virginity test', including finger tests on female genitalia) are unscientific, inhuman and discriminatory.
Describe and discuss how to appraise the courts about the unscientific basis of these tests if court orders it.”
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The court acknowledged these efforts and appreciated the steps taken so far.
“The orders passed by this Court... are being complied with by the respondents, and we appreciate the steps taken by the respondents,” the bench stated in the order dated March 26, 2025.“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.”
However, the judges emphasized that full compliance with the Supreme Court’s directions must be ensured and documented.
Appearance:
- Advocate Renuka Sirpurkar appeared for the petitioner.
- Additional Government Pleader D.P. Thakare represented the State Government.
- Advocate Abhijit Deshpande appeared for the Maharashtra University of Health Sciences.
- Advocate Rahul Bhangade appeared on behalf of the Union Government.
