Madurai: The Central government has found it inappropriate to make clinical examination for screening impotency and frigidity mandatory in individuals prior to marriage.
Making its submission to the Madurai bench of Madras high court through assistant solicitor general G.R. Swaminathan, the Union ministry of health and family welfare has said, “It is felt that any medical examination should be done only with the prior consent of the individual and cannot be forced. It cannot be made mandatory for anyone. In this case also, such examination, so as to rule out impotence/frigidity, may be offered to only those who are voluntarily seeking it. Otherwise, it may amount to intrusion of privacy of an individual and may lead to human rights issues.”
The ministry’s reply has been sent in by Sanjay Pant, under secretary to the Government of India, to the court. Stating that the issue has been examined in consultation with the directorate general of health services, the ministry said it may not be possible to categorically label any individual impotent/frigid in many of the cases even after elaborate medical examination and investigation.
“Further, sexual behaviour of any individual is known to differ from situation to situation and partner to partner. As per the opinion given by the experts, it is not appropriate to make clinical examination for ruling out impotency/frigidity in individual, mandatory, prior to marriage.”
The Madurai bench of Madras high court had sought the response of the Central and state governments on the necessity of the pre-marital clinical examination to prevent failure of marriages due to impotency/frigidity.
Justice Kirubakaran had asked why not the Central government amend the marriage laws to fast track the matrimonial cases filed on these grounds and include a provision for awarding compensation and punishment for suppression of impotency/frigidity at the time of marriage and cheating the other parties.
