Saturday, December 9, 2023

Bombay High Court issues notice on PIL challenging the morality of two-finger test

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The Bombay High Court issued notice on a Public Interest Litigation raising the question of morality and practicability of the “two-finger test” or “virginity test”.

The petition has been filed in an amended form.  

The Nagpur Division Bench of Justice Sunil B. Shukre and Justice Anil S. Kilor observed that the  petition, which initially raised the question of morality and practicability of the “two-finger test” or “virginity test”, would now have to be considered in the light of the directions given by the Supreme Court in the case of State of Jharkhand vs. Shailendra Kumar Rai (2022 SCC OnLine SC 1494) and accordingly the Court now would have to consider the petition in respect of the following issues:-
(i) ensuring circulation of guidelines formulated by the Ministry of Health and Family Welfare   amongst all Government and private Hospitals, 
(ii) conducting workshop for health providers for creating awareness, 
(iii) the concerned Authorities reviewing 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.
Accordingly, the Court issued notice to the  respondents in the amended petition.

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