Smita Sarode Singalkar vs The Maharashtra University Of Health ...
2025 Latest Caselaw 3714 Bom

Bombay High Court

Smita Sarode Singalkar vs The Maharashtra University Of Health ... on 20 August, 2025

Author: Anil S. Kilor

Bench: Anil S. Kilor

                                            1                                 1072-PIL-19-2021.odt


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                           NAGPUR BENCH, NAGPUR.

                         PUBLIC INTEREST LITIGATION NO. 19 OF 2021

                          SMITA SARODE SINGALKAR
                                    Vrs.
          THE MAHARASHTRA UNIVERSITY OF HEALTH SCIENCES AND OTHERS
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Office Notes, Office Memoranda of                             Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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                          Dr. Renuka Sirpurkar, Advocate for petitioner.
                          Shri Abhijit Deshpande, Advocate for respondent No.1.
                          Shri N. S. Rao, AGP for respondent Nos.2 and 3.
                          Shri Adarsh Baheti, Advocate h/f Shri Rahul M. Bhangde, Advocate
                          for respondent No.4.

                                                   CORAM: ANIL S. KILOR AND
                                                          AJIT B. KADETHANKAR, JJ.

DATE : 20/08/2025.

1. At the request of learned Assistant Government Pleader, list this matter on 03/09/2025.

2. We expect that by next date, the State shall file an affidavit showing the steps taken by the State of Maharashtra in compliance of Para Nos.71 and 72 of the Judgment of the Hon'ble Supreme Court in the case of State of Jharkhand Vrs. Shailendra Kumar Rai, reported in 2022 SCC on-Line SC 1494 which read thus as under :-

"71. A copy of this judgment shall be shared with the Secretary, Ministry of Health and Family Welfare, Government of India. The Secretary, Ministry of Health and Family Welfare, Government of India shall transmit copies of this judgment to the Principal Secretary (Department of Public Health) of each state. The Principal Secretaries in the Departments of Health of each state shall also be 2 1072-PIL-19-2021.odt

responsible for ensuring the implementation of the directions issued in Part E of this judgment. The Secretaries in the Departments of Home of each state shall in addition issue directions to the Directors General of Police in this regard. The Directors General of Police shall, in turn, communicate these directions to the Superintendents of Police.

72. Any person who conducts the "two-finger test" or per vaginum examination (while examining a person alleged to have been subjected to a sexual assault) in contravention of the directions of this Court shall be guilty of misconduct."

3. The learned Assistant Government Pleader undertakes to communicate this order to the concerned Officer.

[AJIT B. KADETHANKAR, J.] [ANIL S. KILOR, J.]

Choulwar

Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 20/08/2025 18:54:49