List steps taken to sensitise health workers about examining rape survivors: HC to State

MUMBAI: The Bombay high court has asked the state government to spell out the steps it has taken to sensitise health workers regarding the insensitive, inhuman and discriminatory nature of the “two-finger test” or per vaginum examination performed on rape and sexual assault survivors.

A division bench of justices Nitin Sambre and Vrushali Joshi has asked the state government to place on record a report of compliance with mandatory directions issued by the Supreme Court in the State of Jharkhand vs Shailendra Kumar Rai case. The bench was hearing a Public Interest Litigation (PIL) filed by Smita Singalkar, which questioned the morality and practicability of the “two-finger test”.

In the said ruling, the apex court had directed all states to circulate the relevant guidelines formulated by the Ministry of Health and Family Welfare 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.

During the hearing on March 26, the petitioner’s counsel, advocate Renuka Sirpurkar, told the court that in view of the SC order, the state must place on record the steps it had taken to comply with the directives. The Maharashtra University of Health Sciences must also file its compliance report in the case, the lawyer said.

The petition mentioned that as per directives of the Ministry of Health and Family Welfare, the Maharashtra health and family welfare department had issued guidelines on August 18, 2022, modifying the syllabus for the MBBS course, especially the anatomy paper offered in the second year.

Accordingly, MBBS students were being asked to discuss and describe how the per vaginum examination or finger tests on female genitalia were unscientific, inhuman and discriminatory. Students were also being instructed on how to appraise courts about the unscientific basis of these tests they were ordered. The modification in the syllabus were based on the recommendations of the National Medical Commission, the court was told.

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