Virginity test of any accused woman is inhuman and unconstitutional: Delhi High Court

Virginity test has been declared unconstitutional by the Delhi High Court. The court said that this is a direct violation of Article 21.

India

oi-Ashutosh Tiwari

Published: Wednesday, February 8, 2023, 13:01 [IST]

Delhi High Court has given an important decision regarding ‘Virginity Test’. The court said that this is a direct violation of the officer’s dignity, as well as it is inhuman, lascivious and unconstitutional. There is also no legal compulsion to do such a test. The court also agreed that this test promotes gender discrimination.

In fact, a nun had filed a petition in the Delhi High Court regarding the virginity test. In which he sought to declare as unconstitutional the ‘virginity test’ he was subjected to in connection with a criminal case related to the death of a nun in Kerala in 1992. Justice Swarnakant Sharma, after hearing all the parties to the plea, observed that there is no legal compulsion that calls for conducting such trials.

According to Justice Sharma, conducting virginity test of a female prisoner in police custody or judicial custody is violative of Article 21 of the Constitution, which includes the right to dignity. The court made it clear that even if a woman is made an accused, the right to dignity guaranteed to her by the Constitution remains. In such a situation, this test cannot be done with him.

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What is virginity test?
Through this test, it is ascertained whether a physical relationship was made with the woman. In this test, the doctor examines the private parts of the woman. There is also a test related to this, two finger test, which was completely banned by the Supreme Court in October last year.