The Delhi High Court has strongly criticized the practice of conducting virginity tests on female detainees, calling it sexist, unconstitutional, and a violation of dignity. The court stated that the concept of virginity has no scientific or medical definition, yet society continues to view it as a “mark of purity” for women.
Court Ruling on Virginity Tests
Justice Swarana Kanta Sharma made these remarks while hearing a plea from Sister Sephy, who was allegedly forced to undergo a virginity test in 2008 by the Central Bureau of Investigation (CBI) in connection with a 1992 nun’s murder case in Kerala. The petitioner claimed that the results of the test were leaked, further violating her privacy and dignity.
The court ruled that conducting such tests on female detainees is a violation of Article 21 of the Indian Constitution, which guarantees the right to dignity.
“The virginity test conducted on a female detainee, accused under investigation, or in custody—whether judicial or police—is unconstitutional and violates the right to dignity,” Justice Sharma stated.
Violation of Fundamental Rights
The court emphasized that a person in custody does not lose their right to bodily integrity. Authorities cannot force individuals to undergo bodily intrusions in the name of collecting evidence.
Justice Sharma further explained that such tests reinforce gender stereotypes and contribute to discrimination based on outdated societal norms.
“The feeling of being demeaned by such treatment in custody through bodily invasion brings forth the abhorrent notion of gender differentiation and stereotypes,” the court observed.
The ruling also reaffirmed that an accused person does not waive their right to dignity, even after arrest.
Impact of the Ruling
This verdict sets a significant legal precedent in protecting women’s rights and ensuring that discriminatory practices are not used against female detainees. Legal experts have welcomed the judgment as a step towards gender equality in the justice system.
The decision is expected to lead to stricter guidelines for law enforcement agencies, preventing the use of virginity tests in investigations and detentions.
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