Virginity Test Violates Women’s Right To Dignity Under Article 21: Chhattisgarh High Court

In a landmark ruling, the Chhattisgarh High Court has declared that a woman cannot be forced to undergo a virginity test, stating that it violates Article 21 of the Indian Constitution, which guarantees the right to life, liberty, and dignity.

Justice Arvind Kumar Verma made the observation while hearing a criminal petition filed by a man challenging a family court order dated October 15, 2024. The petitioner had sought a virginity test of his wife, alleging that she was involved in an illicit relationship and that their marriage was never consummated. The family court had earlier dismissed his request, prompting him to approach the High Court.

Court Defends Women’s Fundamental Rights

The High Court upheld the lower court’s decision, emphasizing that granting permission for such a test would be unconstitutional and against the fundamental rights of women. The bench asserted that Article 21 is the “heart of fundamental rights” and that subjecting a woman to a virginity test would violate her right to dignity and privacy.

“No woman can be forced to undergo a virginity test. It is a violation of fundamental rights guaranteed under Article 21. The right to personal liberty is non-derogable and cannot be tinkered with in any manner,” Justice Verma stated in the order passed on January 9, which was made public recently.

Case Background

The couple got married on April 30, 2023, under Hindu rites and resided in Korba district. The wife later alleged that her husband was impotent and refused to cohabit. She subsequently filed an interim application on July 2, 2024, under Section 144 of the Bharatiya Nagrik Suraksha Sanhita (BNSS) in the family court of Raigarh district, seeking maintenance of Rs 20,000 per month.

In response, the husband accused her of an extramarital affair with his brother-in-law and demanded a virginity test to substantiate his claims. However, the family court rejected his request, leading him to file a criminal petition in the High Court.

Legal Implications and Observations

The High Court noted that if the petitioner wanted to disprove allegations of impotency, he could undergo a medical test or present other admissible evidence. However, forcing his wife to take a virginity test would be unconstitutional.

“The petitioner cannot possibly be permitted to subject his wife to a virginity test to fill gaps in his evidence,” the court ruled, highlighting that such demands contradict the core principles of natural justice and a woman’s right to dignity.

Furthermore, the court emphasized that non-derogable human rights, such as personal dignity and liberty, cannot be violated even in times of emergency or conflict. The case remains at the evidence stage in the family court, where the allegations from both sides will be examined based on legal evidence.

This ruling sets a precedent in safeguarding women’s rights in marital disputes. Legal experts and activists have welcomed the decision, calling it a step forward in upholding gender justice and constitutional protections.

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