Chhattisgarh HC Says Women Can’t Be Forced To Undergo Virginity Test, Cites Violation Of Article 21
The Chhattisgarh High Court ruled that the petitioner cannot force his wife to undergo a virginity test to fill gaps in his evidence, as it would violate her fundamental rights and privacy. "The right to personal liberty under Article 21 is non-negotiable and cannot be altered," the court added.
Bilaspur: The Chhattisgarh High Court on Monday, March 31, ruled that a woman cannot be compelled to undergo a virginity test, as it violates Article 21, which safeguards the fundamental rights to life, liberty, and dignity. Justice Arvind Kumar Verma pronounced the judgment, rejecting a petition filed by a man seeking his wife’s virginity test over allegations of an extramarital affair.
The court emphasised that such a test goes against the fundamental rights and natural justice. “He cannot possibly be permitted to subject the wife to undergo her virginity test and fill up the lacuna in his evidence,” the court added.
As per reports, the wife had accused her husband of impotence. In response, the HC suggested that if the man wishes to refute the claim, he could undergo a medical test or present some other evidence.
The court added that non-derogable rights cannot be infringed upon, even in emergencies. The bench emphasised that both parties’ allegations should be resolved in a family court based on the evidence.
