Bilaspur |
In a significant verdict that upholds a woman’s right to dignity and privacy, the Chhattisgarh High Court has ruled that no woman can be forced to undergo a virginity test, stating that such a demand is a clear violation of Article 21 of the Indian Constitution.
The Case Background
The ruling came in response to a criminal petition filed by a man challenging a family court’s order dated October 15, 2024, which had denied his request for a virginity test to be conducted on his wife. The husband alleged that his wife had been in an illicit relationship before their marriage and claimed that their marriage was never consummated. In response, the wife accused her husband of being impotent and unwilling to cohabit.
HC’s Strong Observations on Fundamental Rights
Justice Arvind Kumar Verma, delivering the judgment, made it clear that the court could not allow such a test, as it would violate the wife’s fundamental right to life, liberty, and dignity. The court stated:
“Article 21 of the Constitution not only guarantees the right to life and personal liberty but also the right to live with dignity, which is crucial for women.”
The judge further explained that virginity tests are demeaning, unconstitutional, and violate a woman’s right to bodily autonomy and privacy. He added that such a test would not only be against the principles of natural justice but would also be an affront to a woman’s modesty.
Petitioner Must Prove His Case Independently
While the wife had claimed her husband was impotent, the court ruled that the husband, if he wanted to disprove this allegation, was free to undergo a medical test himself or present other admissible evidence. However, he could not violate his wife’s rights under the pretext of defending himself.
“The petitioner cannot possibly be permitted to subject the wife to undergo her virginity test and fill up the lacuna in his evidence,” the court stated.
Legal Implications
The court reaffirmed that non-derogable human rights—those that cannot be suspended even during emergencies—include the right to dignity and personal liberty, especially for women. Justice Verma emphasized:
“The virginity test is a violation of the basic right of women to be treated with decency and proper dignity.”
Marriage and Legal Proceedings
The couple were married on April 30, 2023, and were living in Korba district. Following marital disputes, the wife filed an interim application seeking ₹20,000 as maintenance under the Bharatiya Nagrik Suraksha Sanhita on July 2, 2024.
In response, the husband made the controversial request for a virginity test, alleging infidelity. This was rejected by the Raigarh Family Court, and now upheld by the High Court as well.
Verdict
The High Court concluded that the family court’s order was lawful, just, and within the framework of constitutional values. The case now proceeds in the family court at the evidence stage.
