Chhattisgarh high court: No one should be forced to undergo virginity test: Chhattisgarh High Court

A woman should not be forced to undergo a virginity test as it violates Article 21 of the Constitution , which guarantees the fundamental right to life and liberty, including the right to dignity, the Chhattisgarh High Court has said. Emphasizing that Article 21 is the “heart of fundamental rights” , the High Court said that allowing virginity test is against the “fundamental rights of a woman, the core principles of natural justice and privacy”. Justice Arvind Kumar Verma made the remarks in response to a criminal petition filed by a man seeking to have
his
wife undergo a virginity test. Alleging that she was in an illicit relationship with another man,October 15, 2024The interim application was dismissed by the family court challenging the order of the previous court. The wife alleged that her husband was impotent and refused to have sex with him. Justice Arvind Kumar Verma made these remarks in response to a criminal petition filed by a man seeking a virginity test for his wife. The petition was filed challenging the family court's order dated October 15, 2024, which had rejected her interim application, alleging that she was in an illicit relationship with another man.

The wife, who refused to cohabit
, alleged that her husband was impotent and refused to cohabit. The High Court said that if the petitioner wanted to prove that the allegations of impotence were baseless, he could get the relevant medical examination done or produce any other evidence. “He is not allowed to get his wife tested for virginity, to fill the gap in her evidence,” the High Court said in its recent order issued on January 9. The High Court said that the petitioner’s plea seeking to get his wife tested for virginity was unconstitutional as it violated Article 21 of the Constitution, which guarantees women’s right to dignity.
Article 21 Right to Life
“Article 21 of the Constitution of India not only guarantees the right to life and personal liberty, but also guarantees women the right to live with dignity as a vital right,” it said. “No woman should be forced to undergo a virginity test. This is a violation of the fundamental rights guaranteed under Article 21. It must be remembered that Article 21 is the ‘source of fundamental rights’,” the High Court said. Justice Verma said that virginity testing is a violation of the fundamental right of women to decency and due respect. “The right to personal liberty enshrined under Article 21 should not be insulted or violated in any way. The petitioner should not be allowed to undergo a virginity test on his wife
in violation of her fundamental rights
and to cover up the deficiency in his evidence in this regard,” the High Court said. “In any case, granting permission for the virginity test of the respondent is against her fundamental rights, the core principles of natural justice and the privacy of a woman,” the High Court said. Non-derogable human rights refer to rights that are absolute, not subject to any form of derogatory treatment even in times of war or emergency. The High Court bench said that the allegations made by both the parties against each other are a matter of evidence and a decision can be reached only after the evidence.
Marriage as per Hindu rituals on April 30, 2023
The couple got married as per Hindu rituals on April 30, 2023. They lived together at the man's family residence in Korba district. The petitioner's lawyer said that the woman had told her family members that her husband was impotent and refused to enter into marital relations or cohabit with him.
Illicit relationship with brother-in-law?
She had filed an interim application under Section 144 of the Indian Citizen Safety Code (BNSS) in the family court in Raigad district on July 2 last year, seeking maintenance of Rs 20,000 from her husband. In response to the maintenance claim application, the petitioner alleged that his wife was in an illicit relationship with her brother-in-law and sought a virginity test. The man also stated that the marriage was never consummated.