Recently, the Bombay High Court took note of reforms in the medical curriculum related to sexual violence and sought compliance from the State Government and a University in a matter concerning the implementation of directions issued by the National Medical Commission and the Ministry of Health. The case related to the curriculum for second-year MBBS students, with the Court observing that so-called virginity tests are “unscientific, inhuman and discriminatory.”
The petitioner approached the High Court, highlighting that despite the National Medical Commission's revised competency-based curriculum, certain State and University authorities had not fully complied with the updated guidelines. The petitioner emphasized that these reforms were necessary for aligning medical education with human rights standards, particularly for the treatment of survivors of sexual violence.
The petitioner argued that both the University and the State Government must take specific steps to implement the revised curriculum, particularly the directions that aim to eliminate outdated and inhuman practices like the "two-finger test." It was submitted that the authorities are duty-bound to comply with the Ministry’s protocols and the Supreme Court's directives.
The Court acknowledged that the Union Health Ministry had issued detailed guidelines on 18th March 2013, and again on 18th August 2022, mandating curriculum changes. These include the directive to “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 unscientific basis of these tests if court orders it.”
Referring to the Supreme Court’s judgment in State of Jharkhand vs. Shailendra Kumar Rai, the Court reiterated that, “The Union Government as well as the State Governments must ensure that guidelines by the Ministry of Health are circulated to all hospitals, conduct workshops for health providers, and review medical curricula to ensure the ‘two-finger test’ is not prescribed.” The Court appreciated the steps already taken by the Health Ministry and the University, but stressed the need for a formal response from both authorities regarding full compliance.
The Court granted two weeks' time to the State and University to place their responses on record and deferred further hearing to 09.04.2025.
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