Delhi High Court Declares Virginity Tests Unconstitutional and Sexist
The Delhi High Court on Tuesday condemned the practice of conducting virginity tests on female accused, calling it sexist and unconstitutional. The court emphasized that “virginity” lacks a clear scientific and medical definition but has wrongly become a “mark of purity” for women.
The court asserted that these tests violate women’s right to dignity and are a form of inhuman treatment. Justice Swarana Kanta Sharma made these observations 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 nun’s murder case in Kerala in 1992. The petitioner also alleged that the test results were leaked.
Justice Sharma stated, “It is declared that the virginity test conducted on a female detainee, accused under investigation, or in custody, whether judicial or police, is unconstitutional and in violation of Article 21 of the Constitution, which includes the right to dignity.”
The court highlighted that under constitutional principles of fundamental rights, a person in custody does not surrender their right to bodily integrity or consent to bodily intrusion for evidence collection. Justice Sharma added, “The feeling of being demeaned by such treatment in custody through bodily invasion also perpetuates undesirable and abhorrent notions of gender differentiation and stereotypes.”
The court reaffirmed that the right to dignity is not suspended or waived even when a person is accused of committing an offence or is under arrest. This ruling marks a significant step toward eliminating discriminatory practices and upholding human rights.
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