Woman can’t be forced to undergo virginity test, says Chhattisgarh High Court

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, including the right to dignity, the Chhattisgarh High Court has said.

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Emphasising that Article 21 is the "heart of fundamental rights", the High Court said granting permission for a virginity test would be against the "fundamental rights, cardinal principles of natural justice and secret modesty of a female".

Justice Arvind Kumar Verma made the observation in response to a criminal petition filed by a man who demanded his wife's virginity test, alleging she was in an illicit relationship with another man, challenging a family court's order dated October 15, 2024 which rejected the interim application.

The wife had alleged her husband was impotent and refused to cohabit.

The High 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.

"He cannot possibly be permitted to subject the wife to undergo virginity test," said the High Court order passed on January 9 which was made available recently.

The high court noted the petitioner’s contention demanding a virginity test of his wife is unconstitutional as it violates Article 21 of the Constitution, which includes the right to dignity of women.

"Article 21 of the Constitution of India not only guarantees the right to life and personal liberty but also the right to live with dignity, which is crucial for women," it said.