‘Woman can’t be forced to undergo virginity test; violation of Article 21,’ says Chhattisgarh High Court
The Chhattisgarh High Court on Monday ruled that a woman cannot be forced to undergo a virginity test as it violates Article 21 of the Constitution, which guarantees her fundamental right to protection of life and liberty, comprising the right to dignity, as reported by PTI.
As reported by PTI, calling Article 21 the “heart of fundamental rights”, the HC said allowing permission for a virginity test would be against the “fundamental rights, cardinal principles of natural justice and secret modesty of a female”.
What was the case?
This observation comes after Justice Arvind Kumar Verma heard a petition filed by a man who sought his wife’s virginity test, alleging she was involved in an illicit relationship with another man, contesting a family court’s order dated October 15, 2024 which refused the interim application. The wife had alleged her husband was impotent and dismissed to cohabit.
The HC responded that the petitioner can go through a medical test or produce any other evidence to prove impotent allegations groundless. The HC order passed on January 9 was made available which said, “He cannot possibly be permitted to subject the wife to undergo her virginity test and fill up the lacuna in his evidence.”
