An Outrageous Test

A Visakhapatnam hospital's decision to subject students seeking admission to its nursing course to virginity tests has predictably invited controversy. But the Andhra Pradesh Government's efforts to deal with the public outcry may backfire, with government doctors in the state having struck work over the suspension of two senior gynaecologists with the King George Hospital (KGH).

Gynaecologists Sasi Prabha and Vara-lakshmi, who were found guilty of conducting a "per vaginal test" on one of the 42 candidates, have been charged with "conduct unbecoming of a public servant". The state government, based on reports appearing in a section of the press, had, during the assembly's budget session, ordered a probe by a three-member expert committee. Based on the committee's preliminary report, Chief Minister N. Chandrababu Naidu announced the government's decision to suspend the two doctors. Meanwhile, the parents of the student, who hails from West Godavari, have sought the transfer of their daughter to Guntur hospital, so as to spare her further embarrassment.

Reacting sharply to the suspension, the KGH Doctors Association and the Andhra Medical College Representatives went on an indefinite lightning strike from September 10, paralysing medical services in the port city. Interestingly, for the first time in the history of the state, even private practitioners and corporate hospitals have joined hands with the striking KGH doctors. The state government, according to the doctors, only has itself to blame for complicating the issue. For, it did not wait till the police completed its preliminary enquiry into the complaints received from voluntary organisations and the student (whose name has been held back) herself. Admits city police chief R.P. Meena: "Sorry, I'm not aware of the dramatic developments that took place leading to the suspension of the two doctors."

 As for the incident itself, the student recalled: "When the gynaecologist found some spots on my abdomen, she asked whether I had undergone an abortion. When I said no, she threatened to hand me over to the police if I did not reveal the truth. Later she carried out an examination. This, in spite of my submission to the authorities along with the application of an unmarried certificate from the Mandal Revenue Officer. I was shocked and did not tell anybody about the test immediately, as I was under the impression that such tests were conducted on all the students." 

While recording the student's statements, the police chief had sought the opinion of the public prosecutor's opinion on which sections he could invoke while booking a case. Subsequently he registered a case on September 5 under Section 509 of the IPC ("attempts to outrage modesty").

The Progressive Organisation for Women (POW), a voluntary body, has demanded that the 'guilty' doctors be booked under Section 354 of the IPC. Asks the commissioner: "How can I book them under Section 354 when the case in question will not attract the clause of 'outraging modesty'. I also feel that these are routine tests conducted during medical examinations for any government recruitment. Believe me, even I was subject to a similar test while getting into the IPS." Hence, his preference for Section 509.

Surprisingly, the three-member committee appointed by the government did not meet the commissioner, nor did it enquire about the outcome of his investigations. It's amazing that the government agencies preferred to keep the commissioner in the dark.

In fact, the suspension of the doctors has come as bolt from the blue for Meena. He was put in a dilemma about what he was supposed to do if the doctors continued to stay away from work. Not so long ago, the doctors were brought under the Essential Services Act. Armed with the act, he could have as well taken a tough stance against the agitating doctors, thus toeing the government line. Instead, he urged the agitating doctors and students to work things out.

For their part, the city doctors say they fear that if they fail to resist such 'irresponsible' and 'hasty' political decisions, they will not be able to discharge their duties. They accuse the media of indulging in irresponsible reporting. Asks the president of the KGH Doctors' Association, V. Narayanswamy: "Do they (those who filed the report on alleged virginity tests) know what a 'virginity' test is? No government hospital is carrying out any virginity tests." 

Sasi Prabha, too, denies the allegation: "No, I have not conducted any test which embarrassed the student. On finding some marks on her abdomen, I only asked her to remove her clothes to see the lower portion of the abdomen. That's all. Beyond that, the rest is the student's imagination."

But human rights activists and voluntary organisations dismiss the doctors' claim about the tests being 'routine'. "How can they say that these tests are routine? Are there any rules to justify their argument?" asks an activist. "So far no one might have complained. That doesn't mean whatever tests they conducted were 'routine'. The government should frame a new set of guidelines to clear the mess." They also quote the Supreme Court judgment declaring Indian Airlines guilty for suspending Neergeesh Meerza for having a child. "Let the Government frame statutory guidelines saying that only unmarried girls are eligible for the nursing courses in the state, to prevent such discrepancies from cropping up," says another activist.

And as the agitation rages on, it seems set to be a litmus test for Naidu's year-old government. For, the doctors want nothing short of their colleagues being reinstated, honour intact. But if their demand is met, the chief minister could face the wrath of the public at large.