Virginity test on accused inhuman, violates right to dignity, says Delhi HC

New Delhi, February 7

The Delhi High Court ruled on Tuesday that conducting a “virginity test” on a female accused is unconstitutional, sexist and in violation of her right to dignity, calling it a form of inhuman treatment.

No scientific basis

Strangely, though the word ‘virginity’ may not have a definite scientific and medical definition, it has become a mark of purity of a woman. Delhi HC

The court also observed that there is no legal procedure that provides for a “virginity test”. The order was passed by Justice Swarana Kanta Sharma on a plea moved by Sister Sephy, who sought to declare the conduct of a “virginity test” on her in connection with a criminal case over Sister Abhaya’s death in Kerala in 1992 as unconstitutional.

“It is declared that the virginity test conducted on a female detainee, accused under investigation or in custody, whether judicial or police, is unconstitutional and in violation of Article 21 of the Constitution, which includes the right to dignity,” Justice Sharma said. “This court, therefore, holds that this test is sexist and in violation of the human right to dignity even of a female accused if she is subjected to such a test while in custody,” the judge said. The petitioner had alleged before the High Court that she was forcibly subjected to a “virginity test” in 2008 by the CBI on the pretext of investigation to substantiate its case and the results were leaked.

The court asserted that conducting the “two-finger test” or “virginity test” on female sexual assault victims has already been held by the SC to be violative of their right to dignity, integrity and privacy, and there “cannot be two sets of views” on the issue.