Court Declares Woman Cannot be Forced to Take Virginity Test

New Delhi (The Uttam Hindu): In a landmark ruling, the Chhattisgarh High Court set a significant precedent by declaring that no woman can be forced to undergo a virginity test, emphasizing that such an act would violate her fundamental rights under Article 21 of the Indian Constitution. Justice Arvind Kumar Verma’s ruling came in response to a criminal petition filed by a man who demanded a virginity test for his wife, alleging that she had been involved in an illicit relationship. The court's decision was based on the argument that this request would violate the principles of natural justice and the dignity of women.

The case dates back to a dispute between a couple who married on April 30, 2023. The wife had claimed that her husband was impotent and refused to cohabit with him. In response, the husband sought a virginity test, alleging that his wife’s relationship with her brother-in-law was illicit and that the marriage had never been consummated. The family court had previously rejected his request on October 15, 2024, and the husband filed a criminal petition in the High Court to challenge the ruling.

However, the High Court firmly upheld the family court’s decision. Justice Verma stated that a woman’s right to live with dignity is protected by Article 21, which guarantees fundamental rights such as personal liberty. The judge noted that the right to dignity is a cornerstone of the Constitution, and no woman should be subjected to a virginity test under any circumstances.

The court also emphasized that the petitioner could not use such a test to fill in gaps in his evidence, suggesting instead that he undergo the necessary medical tests or provide other evidence to substantiate his claims of impotency.

Key Highlights of the Ruling:

- Right to Dignity: Virginity tests violate the fundamental rights of women, particularly the right to live with dignity as enshrined in Article 21.

- Natural Justice: The demand for a virginity test goes against the principles of natural justice and the modesty of women.

- Non-Derogable Rights: The court underscored that the right to personal liberty is non-derogable, meaning it cannot be reduced or violated under any circumstance, including the petitioner’s demands.

In this case, both parties have made serious allegations against each other. The wife claims her husband is impotent and refuses to live with her, while the husband accuses her of infidelity. As the case moves to the evidence stage in the family court, the High Court’s ruling ensures that the rights of the woman are safeguarded while legal proceedings continue.

This decision stands as a powerful reminder of the importance of protecting women’s rights and dignity in all circumstances, setting a strong legal precedent for future cases involving similar issues.