Chhattisgarh HC Says Women Can’t Be Forced To Undergo Virginity Test, Cites Violation Of Article 21 |
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.
The HC further stated that the lower court’s decision was neither illegal nor flawed, affirming that no judicial error was made. As per reports, the couple got married on April 30, 2023, as per the Hindu rituals and lived together at the husband’s family home in Korba.
The wife later allegedly told her family that the man was impotent and refused to consummate the marriage. In response, she filed a maintenance claim in July 2024 under Section 144 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), seeking Rs 20,000 from her husband.
In response to his wife’s claims, the husband demanded that she undergoes a virginity test, accusing her of having an illicit relationship with her brother-in-law and asserted that the marriage had not been consummated.
Last year on October 15, the family court rejected his request. The husband then filed a criminal petition in the HC, where the case is still at the evidence stage in the family court.
