Chhattisgarh High Court rules against forced virginity tests on women
What's the story
No woman can be forced to undergo a virginity test, as it violates her fundamental rights under Article 21 of the Constitution, ruled the Chhattisgarh High Court.
Justice Arvind Kumar Verma said such tests violate a woman's dignity and are against principles of natural justice.
The order came in response to a man's plea seeking his wife's virginity test after she allegedly had an affair, and she accused him of being impotent.
Legal dispute
Background of the case
The man had challenged a family court's October 15, 2024, decision rejecting his plea for a virginity test. He alleged his wife had an extramarital affair, and their marriage was never consummated.
Responding to her husband's allegations, the wife had accused him of impotency and refusal to cohabit.
She sought maintenance under section 144 of the Bharatiya Nagrik Suraksha Sanhita (BNSS) in a Raigarh district family court on July 2, 2024.
Judicial perspective
High court's stance on virginity tests
Justice Verma said the man's demand for a virginity test is unconstitutional and violates Article 21 of the Constitution, which encompasses women's right to dignity.
He added that if the man wants to deny allegations of impotency, he can undergo relevant medical tests or produce other evidence.
However, he can't compel his wife to undergo a virginity test to "fill up the lacuna in his evidence."
Ruling confirmed
High court upholds family court's decision
The court upheld the family court's order, saying no judicial error was committed.
"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," it said.
The couple married on April 30, 2023, as per Hindu rites, and lived together at the husband's family house in Korba.
She had sought maintenance of ₹20,000 from her husband, prompting him to seek a virginity test.