The Chhattisgarh high court has observed that no woman can be forced to undergo a virginity test because such an action violates Article 21 of the Constitution.
Responding to a man’s criminal petition demanding his wife’s virginity test to prove that she was involved in an affair, Justice Arvind Kumar Verma said granting permission for a virginity test would be against the fundamental rights, cardinal principles of natural justice and the secret modesty of a woman.
The man had challenged a family court’s order dated October 15, 2024, which rejected the interim application. The wife had alleged that her husband was impotent and refused to cohabit.
The court told the man that he could undergo medical tests to prove that the allegation of impotence was baseless, reported PTI.
“He cannot possibly be permitted to subject the wife to undergo her virginity test and fill up the lacuna in his evidence,” the court added.
The order, passed on January 9, was made available recently.
The high court noted that the demand of the petitioner was unconstitutional as it violates Article 21 of the Constitution, which includes the right to the dignity of women.
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“Article 21 of the Constitution of India not only guarantees the right to life and personal liberty but also the right to live with dignity, which is crucial for women.
“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.
Justice Verma further said that the virginity test is a violation of the basic right of women to be treated with decency and proper dignity.
“The right to personal liberty enshrined under Article 21 is non-derogable and cannot be tinkered with in any manner. The petitioner cannot possibly be permitted to subject the wife to undergo her virginity test and fill up the lacuna in his evidence in this regard.
“Be that as it may, but in any case, granting the permission for virginity test of the respondent would be against her fundamental rights, the cardinal principles of natural justice and secret modesty of a female,” the high court noted.
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What’s the case about?
The couple got married in 2023. The wife allegedly told her family members that her husband is impotent, and she refused to establish a marital relationship. She sought maintenance of ₹20,000 from her husband.
The petitioner replied, seeking a virginity test of his wife and alleging that she was in an illicit relationship with her brother-in-law.
With inputs from PTI