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Delhi High Court Calls Virginity Tests Sexist and Unconstitutional

Delhi High Court Calls Virginity Tests Sexist and Unconstitutional

The Delhi High Court recently expressed its strong disapproval of virginity tests conducted on women, describing the practice as sexist and unjustifiable. The court noted that while the term “virginity” lacks a precise medical definition, it has become a societal marker of a woman’s purity.

Court’s Ruling

Justice Swarana Kanta Sharma made these comments while addressing the case of Sister Sephy, who claimed she was forced to undergo a virginity test by the Central Bureau of Investigation (CBI) in 2008 during a nun’s murder investigation in Kerala. Sister Sephy also alleged that the results of the test were leaked.

The court declared that conducting virginity tests on female detainees is unconstitutional and violates Article 21 of the Indian Constitution, which guarantees the right to dignity. Justice Sharma stated, “A person in custody does not surrender their right to bodily integrity, and such invasive procedures for evidence gathering are unacceptable.”

Gender Discrimination

The judge emphasized that the practice of virginity testing reinforces harmful gender stereotypes and contributes to the demeaning treatment of women in custody. The court affirmed that the right to dignity remains intact, regardless of the charges against an individual.

Conclusion

The Delhi High Court’s ruling marks a significant step towards protecting women’s rights and dignity in legal proceedings. The court’s stance against virginity tests is a reminder that societal norms must not infringe upon individual rights, especially for those in vulnerable situations.

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