Chhattisgarh High Court Rules Virginity Tests Violate Women’s Fundamental Rights

The Chhattisgarh High Court has ruled that a woman cannot be forced to undergo a virginity test, declaring that such a demand violates her fundamental rights under Article 21 of the Indian Constitution. Article 21 guarantees the protection of life, liberty, and dignity, and the court emphasized that granting permission for such a test would breach these core rights.

The ruling came in response to a criminal petition filed by a man who sought to have his wife undergo a virginity test, claiming she was involved in an illicit relationship. The family court had previously rejected his application, prompting the man to challenge the decision. The wife, in turn, had alleged that her husband was impotent and had refused to cohabit.

Justice Arvind Kumar Verma, in his order passed on January 9, 2025, noted that a virginity test would be an infringement on the wife’s dignity and violate her privacy. The court further stated that if the man wished to prove his allegations about his wife’s virginity or his impotency, he could undergo a medical test or present other forms of evidence, but he could not subject his wife to such an invasive and unconstitutional procedure.

The High Court reaffirmed that Article 21 of the Indian Constitution is the “heart of fundamental rights,” which guarantees not only the right to life and liberty but also the right to live with dignity. The court’s ruling serves as a strong statement against any form of discriminatory or demeaning practices that violate the dignity of women.