Delhi High Court Declares Virginity Tests Sexist and Against the Constitution
The Delhi High Court has strongly criticized the practice of conducting virginity tests on women in police or judicial custody, calling it sexist, unscientific, and a violation of fundamental rights.
Justice Swarana Kanta Sharma made this observation while hearing a plea filed by Sister Sephy, who was reportedly forced to undergo a virginity test in 2008 by the Central Bureau of Investigation (CBI) during a murder case involving a nun in Kerala from 1992. The petitioner claimed the test results were leaked, further causing her mental trauma.
The court clearly stated that virginity does not have any scientific or medical definition, yet society treats it as a symbol of a woman’s purity — a notion that promotes harmful gender stereotypes.
Justice Sharma ruled that, “Virginity tests conducted on female detainees, whether in police or judicial custody, are unconstitutional and violate Article 21 of the Constitution, which ensures the right to dignity.”
The court emphasized that even a person in custody does not lose their right to bodily integrity or dignity. Being under investigation or arrest does not justify physical intrusion for the sake of collecting evidence.
Such tests, the court said, degrade and humiliate women, reinforcing outdated and discriminatory views based on gender. The practice assumes guilt and subjects the female body to invasive procedures without justification.
Justice Sharma concluded that treating a woman differently based on such a test is both demeaning and violates her fundamental rights.
This important ruling highlights the need to end gender-based practices in law enforcement that have no scientific merit and only perpetuate discrimination.
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