MADURAI: Deep divisions appeared among the legal fraternity over having mandatory premarital potency test and unanimity on this controversial matter eluded on Saturday.
Men in black robes from across the State were present in at the special sitting convened by Justice N Kirubakaran of Madurai Bench of Madras High Court to discuss the viability of making potency tests mandatory before wedlock. While scores of advocates argued in favour of a legislation making the test compulsory, citing examples from Islamic states, another group countered it saying impotency could not be assessed through medical examination.
Retired family court judge Raja Chokalingam, amicus curiae in the case, elaborating premarital potency tests in vague in various countries, said China which had made it mandatory in 1999, diluted it as optional in 2003 as many remained unmarried fearing to undergo the test. On divorce cases arising out of psychological issues, he said, “Husbands, having different sexual orientation, refuse to have sex with wives. In one case, the husband would have sexual arousal only when watching pornography,” he pointed out.
In the afternoon session, many argued that women get victimised in the absence of a pre-marital screening system.
Another group countered saying “sex is not just a physical activity, but rather related to the mind. Hence, it is not possible to assess impotency through tests.” A few Islamic countries have introduced pre-martial screening not to test impotency, but to rectify defects due to genetic disorder, said an advocate from Chennai.
Government advocate Kandasamy said “Impotency, on which there is no clarity, needs to be explained before engaging in arguments.”
The judge postponed the case to September 18.