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Mumbai

Updated on: Monday, August 23, 2021, 07:43 PM IST

FPJ Legal | Are two-finger or virginity tests abusive or not? Bombay High Court seeks assistance from experts

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The Bombay High Court bench of Justices Sunil Shukre and Anil Kilor at the Nagpur seat, last week sought to know whether the "two finger test" or the "virginity test" is practically moral or not. The bench has sought opinions of experts and also case laws on the same from foreign courts too.


The bench was hearing a public interest litigation (PIL) filed by advocate Smita Singalkar, raising serious questions over the practicability and morality of the two finger test and the virginity test.
Notably, these tests are conducted on rape victims to determine laxity and the sexual activity of the victim i.e whether the victim is sexually active or not.
According to Singalkar, this test is included in the syllabus of the second-year class of the MBBS course. She pointed out that this test is "invasive and degrading and is in gross violation of the Right to Privacy of the victim."


Accordingly, she argued that given the abusive, invasive and violative nature of the Virginity Test, the same ought not to be included in the syllabus.
Having heard Singalkar for some time, the bench noted that she hasn't submitted any material to substantiate her claims.
"Before we consider these submissions, we are of the view that the submissions need to be supported by providing on record good amount of relevant research material," the bench said in it's order.
"Even opinions of the renowned experts in the field, the contemporaneous Jurisdiction in other countries, the case laws covering the opinions of notonly our Apex Court but also the Courts of other Jurisdictions, if any," the judges said, adding, "However, such material is not seen to be present in this petition."
Accordingly, Singalkar assured the judges that she would furnish the necessary research work and produce on record all the relevant materials.
The matter would be next heard after four weeks.

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Published on: Monday, August 23, 2021, 07:43 PM IST
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