No Woman Can Be Forced to Undergo Virginity Test: HC

Bilaspur: The Chhattisgarh High Court ruled that no woman can be forced to undergo a virginity test, stating that such an act violates Article 21 of the Constitution, which guarantees the right to life, personal liberty, and dignity.

The landmark ruling came in response to a criminal petition filed by a man seeking a virginity test of his wife, alleging that she was in an illicit relationship and their marriage was never consummated. The High Court dismissed the petition, calling it unconstitutional and a violation of basic human rights.

HC Rejects Husband’s Demand, Upholds Woman’s Dignity

Justice Arvind Kumar Verma, while delivering the order, emphasized that forcing a woman to undergo a virginity test goes against fundamental rights, natural justice, and a woman's modesty.

'No Woman Can Be Forced To Conduct Her Virginity Test'

"No woman can be forced to conduct her virginity test. It is a violation of fundamental rights guaranteed under Article 21. It has to be borne in mind that Article 21 is the 'heart of fundamental rights'," the High Court stated.

The court further rejected the husband’s argument, stating that if he wished to disprove the allegations of impotency, he could undergo medical tests himself or provide other evidence.

"He cannot possibly be permitted to subject the wife to undergo her virginity test and fill up the lacuna in his evidence," the order stated.

Also Read: ChatGPT Crashes as Millions Rush to Create Studio Ghibli Magic

Husband Accused of Impotency

The couple got married on April 30, 2023, as per Hindu rites and lived at the husband’s family residence in Korba district. However, their relationship soon turned bitter.

The wife alleged that her husband was impotent and refused to cohabit.

On July 2, 2024, she filed an interim application under Section 144 of the Bharatiya Nagrik Suraksha Sanhita (BNSS) before a family court in Raigarh, seeking Rs 20,000 as maintenance.

In response, the husband demanded a virginity test, claiming she was in a relationship with her brother-in-law and that their marriage had never been consummated.

The family court rejected the request on October 15, 2024, leading the husband to challenge the decision in the High Court.

Right to Dignity is Absolute and Non-Derogable, Says HC

The High Court reaffirmed that the right to dignity under Article 21 is non-derogable, meaning it cannot be denied under any circumstances, even in times of war or emergency.

"The right to personal liberty enshrined under Article 21 is non-derogable and cannot be tinkered with in any manner," the court observed.

Justice Verma also noted that the allegations made by both parties will be decided based on evidence, but the demand for a virginity test could not be entertained.

"Granting permission for a virginity test would be against fundamental rights, the cardinal principles of natural justice, and the secret modesty of a female," the court ruled.