The Chhattisgarh High Court has ruled that a woman cannot be forced to undergo a virginity test, as it violates Article 21 of the Indian Constitution. This article guarantees every person the right to life, liberty, and dignity. The court stated that allowing such a test would go against fundamental rights, natural justice, and a woman’s modesty.
Why did this case come to court?
A man went to the Chhattisgarh High Court with a complaint, asking for his wife to take a virginity test. He accused her of having a secret relationship with another man. Earlier, he had made the same request in the family court in Raigarh, but on October 15, 2024, the court refused. After this, he decided to challenge the decision in the High Court.
The couple got married on April 30, 2023, following Hindu traditions. They lived together at the husband’s family home in Korba district. However, their relationship faced problems. The wife said that her husband was impotent and did not live with her as a husband and wife should. In response, the husband denied having any marital relations with her and asked for a virginity test to prove his claim.
The wife filed an interim application in the family court under Section 144 of the Bharatiya Nagrik Suraksha Sanhita (BNSS) on July 2, 2024. She sought Rs 20,000 as maintenance from her husband. In response, the husband made the demand for a virginity test, alleging she was in a relationship with her brother-in-law.
What did the High Court say?
Justice Arvind Kumar Verma, who heard the case, ruled that forcing a woman to take a virginity test is unconstitutional. He stated that Article 21 is the “heart of fundamental rights” and protects a woman’s dignity.
He further explained that the husband had other ways to prove his claim. The court said, “If the petitioner wants to prove the allegations of impotency are baseless, he can undergo the medical test concerned or produce any other evidence.” However, he cannot force his wife to take a virginity test to strengthen his case.
The court stressed that forcing a woman to take this test would violate her right to personal liberty and dignity. “No woman can be forced to conduct her virginity test. It is a violation of fundamental rights guaranteed under Article 21,” the High Court said.
The court also said that such tests go against the basic rights of women to be treated with dignity. It stated, “The right to personal liberty enshrined under Article 21 is non-derogable and cannot be tinkered with in any manner.”
What are non-derogable rights?
Non-derogable rights are absolute rights that cannot be taken away, even during emergencies or wartime. The court mentioned that Article 21 falls into this category, meaning that no law or argument can justify forcing a woman to undergo a virginity test.
The court noted that both the husband and wife had made allegations against each other, and the matter was still under investigation. It said that the evidence would determine the outcome, and there was no need to conduct a virginity test.
The case is now at the evidence stage in the family court. The High Court upheld the lower court’s decision, stating that rejecting the husband’s request was neither illegal nor incorrect. The court said, “The High Court is of the considered opinion that the order impugned is neither illegal nor perverse, and there is no judicial error committed by the trial court.”
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