Virginity test unscientific, discriminatory, says National Medical Commission

As per doctors and experts, there is no scientific way to ascertain whether one is a virgin. Representation pic

The National Medical Commission (NMC) has decided to teach students how virginity tests are unscientific, inappropriate and discriminatory and how to apprise the court of the same if the court orders such a test in matrimonial dispute cases.

The decision was taken based on the recommendations of the expert panel constituted by Aruna Vanikar, president of UG Medical Education Board of NMC, on the orders of Madras High Court to address the issues about LGBTQIA+ community in the MBBS curriculum.

Dr Indrajit Khandekar, professor of Forensic Medicine, MGIMS, Sevagram, who was part of the expert panel, requested the NMC to add the virginity issue under the ambit of the expert panel while studying the LGBTQIA+ issue, and the request was accepted.

No scientific basis

"Virginity test has been ordered by the courts across the country in various matrimonial disputes and doctors conducted it even though there was no scientific basis. This is the first time in the history of medical education that medical undergraduate students will be taught to appraise courts about unscientific basis of any test/signs if court orders so. Previously medical students were taught about the medicolegal significance of virginity but now this has been removed from the medical course. Henceforth, medical students across the country will be taught about the unscientific basis of virginity tests," explained Dr Khandekar.

Dr Indrajit Khandekar, professor of Forensic Medicine, MGIMS, Sevagram

He added, "Medical students until now were following the two methods of testing - two finger test and checking hymen injuries and opening of hymen. Experts from NMC have claimed that such methods of testing are unscientific and recommended teaching the topic ‘signs/ features of virginity' as part of the chapter ‘Virginity' in the Forensic Medicine and Toxicology textbook, with a disclaimer to second- and third-year students from the coming academic year."

"Our courts are also unaware about the unscientific basis of signs of virginity and its test. Therefore, it is necessary to train our medical students/ doctors to appraise the courts about the same. This will help to clear the issue and slowly Indian courts will stop ordering virginity tests. I think this will be a historical change," Dr Khandekar said, adding, "There is no scientific way by which one can know whether the girl is virgin or not, similar to a male, whose ‘signs of virginity' was never mentioned in any medical book till date."

But can't drop it from syllabus

When asked why the topic is not being dropped from the syllabus itself, Dr Khandekar clarified, "From the academic perspective, the said topic is very crucial, and the text books from this academic year will have an additional disclaimer paragraph and reasoning behind doing away with such unscientific practice. Also, if not retained in the forensic textbooks, the probability of future generations incorporating the unscientific test once again cannot be ruled out. And hence students have to be informed today about the reasoning behind elimination of such a practice."

Dr Sandeep Kadu, controller of examination, Maharashtra University of Health Sciences, Nashik, said, "There is no scientific medical test to confirm virginity, and whatever was published in earlier books should be done away with. The second crucial point is that stopping the test will help protect the dignity and self-esteem of a woman. I congratulate Dr Khandekar and NMC for taking a bold step in such a sensitive issue."

Views of forensic academicians

Dr Rajesh Dhere, head of the department, Forensic Medicine and Toxicology, LTMG Medical College in Sion, said, "It is a good move by NMC. I personally feel that such tests should be completely done away with."

Dr Shailesh Mohite, dean of HBT Medical College and Dr R N Cooper Hospital, said, "If certain age-old practice to ascertain ‘virginity' is proved to be unscientific today and if medical students do not learn about it, then how will they know about ascertaining ‘virginity' and the historical aspects of ‘virginity'. Hence, according to me, it should be a part of the curriculum and is crucial for understanding human anatomy."

Advocate Speak

Advocate Rajeshwar Panchal, who practices in the Bombay High Court, said, "Virginity test is absolutely illegal and should be done away with, especially after the Apex court has held that the right to privacy is a fundamental right and the same includes the right to enjoy one's own body the way one wants. In a civilised society governed by the Constitution, such concepts like virginity have become outdated."

"The courts, while dealing with issues arising out family disputes, often encounter such a prayer. However, no law recognises virginity. Law recognises only potency. Moreover, it depicts the patriarchal mindset of the society and thus is discriminatory too."

Sept 2021
Month when Madras HC issued direction to NMC