The Chhattisgarh High Court has ruled that virginity tests are unconstitutional, emphasizing that they violate Article 21 of the Indian Constitution, which ensures the right to life, personal liberty, and dignity. The decision came in response to a criminal revision petition filed under Section 19(4) of the Family Courts Act, 1984. The petitioner had challenged an earlier Family Court ruling that rejected his demand for a virginity test on his wife, who had filed for monthly maintenance under Section 144 of the Bharatiya Nyaya Sanhita (BNSS), 2023.
The couple, married in April 2023, faced growing marital discord, with the wife accusing the husband of impotency and refusing to live with him. In retaliation, the husband alleged she had an affair with her brother-in-law and insisted on a virginity test to support his claims. The Family Court dismissed the request, deeming it unconstitutional and unacceptable. Subsequently, the husband appealed to the High Court, which upheld the Family Court’s decision, stating that no woman can be forced to undergo such an invasive and degrading test.
Justice Arvind Kumar Verma, while delivering the judgment, referred to landmark rulings, including the Supreme Court’s verdict in the State of Jharkhand vs. Shailendra Kumar Rai, which deemed the “two-finger test” on sexual assault survivors illegal. The court also cited the Delhi High Court’s decision in Sephy vs. CBI, reinforcing that virginity tests on female detainees or accused individuals are a violation of constitutional rights. The ruling sets a strong legal precedent against the coercion of women into undergoing virginity tests.
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