Victory for Women’s rights! Chhattisgarh HC rules against virginity tests

The high court of Chhattisgarh has held that no woman should be compelled to take a test of virginity since doing so would contravene Article 21 of the Constitution. Commenting on a man's criminal petition for his wife's virginity test to establish that she was having an affair.

HC rules against virginity tests

Justice Arvind Kumar Verma stated permitting a virginity test would be contrary to the fundamental rights, cardinal principles of natural justice and the secret modesty of a woman. The man had objected to an order of a family court dated October 15, 2024, rejecting the interim application. The wife had claimed that her husband was impotent and would not cohabit. The court informed the man that he might undergo medical examination to establish that the charge of impotence was unfounded, "He cannot possibly be allowed to make the wife submit to her virginity test and complete the lacuna in his evidence," the court further added. The order, issued on January 9, was made public recently. The high court pointed out that the petitioner's demand was unconstitutional as it infringes Article 21 of the Constitution, which comprises the right to the dignity of women. "Article 21 of the Constitution of India does not only provide for the right to life and personal liberty but also the right to live with dignity, which is important for women.". "No woman can be compelled to perform her virginity test. It is an encroachment into fundamental rights promised under Article 21. Article 21 has to be remembered as the essence of fundamental rights," the high court ruled.

Big Win for Women

Justice Verma added that the virginity test is an invasion of the fundamental right of women to be treated with decency and due dignity. "The right of personal liberty guaranteed under Article 21 is non-derogable and cannot be tampered with in any way. The petitioner cannot possibly be allowed to make the wife undergo her virginity test and complete the lacuna in his evidence in this regard." "Be that as it may, but in any case, issuing the permission for virginity test of the respondent would be violative of her fundamental rights, the cardinal principles of natural justice and secret modesty of a female," the high court held. What's the case about? The couple married in 2023. The wife reportedly informed her family members that her husband is impotent, and she did not want to form a marital relationship. She demanded maintenance of ₹20,000 from her husband.The petitioner responded, requesting a virginity test of his wife and claiming that she was in an illicit relationship with her brother-in-law.