Chhattisgarh HC Slams Virginity Test Demand: Shocking Violation of Women’s Rights Under Article 21
The Chhattisgarh High Court has ruled that no woman can be forced to undergo a virginity test, calling it a violation of Article 21 of the Indian Constitution, which guarantees the right to live with dignity. The case arose when a man petitioned for his wife to take a virginity test, alleging infidelity. However, Justice Arvind Kumar Verma dismissed the request, stating that such demands go against fundamental rights, principles of natural justice, and a woman’s dignity.
The dispute began after the wife accused her husband of impotence and sought ₹20,000 in maintenance, leading the husband to counter her claim with allegations of an affair. A family court in Raigarh had previously denied his request, and the High Court upheld that decision. The judge suggested that if the husband wanted to prove his wife’s accusations false, he could undergo medical tests instead. Justice Verma emphasized that Article 21 is central to fundamental rights and cannot be undermined under any circumstances. The ruling reinforces the legal protection of women’s dignity and privacy, ensuring that no one is subjected to degrading or invasive procedures.
Chhattisgarh HC Slams Virginity Test Demand: Shocking Violation of Women’s Rights Under Article 21
In a landmark judgment, the Chhattisgarh High Court has ruled that forcing a woman to undergo a virginity test is unconstitutional, as it violates her fundamental rights to dignity and privacy under Article 21 of the Indian Constitution. The court emphasized that such tests are degrading, discriminatory, and have no place in a society that upholds justice and equality.
What Sparked the Case?
The case arose when a husband petitioned the court to compel his wife to take a virginity test, claiming it would prove her alleged affair with her brother-in-law. The couple, married in April 2023 under Hindu customs, lived together briefly in Korba district before their relationship deteriorated. The wife accused her husband of impotence, refused to live with him, and sought ₹20,000 per month in maintenance. In response, the husband denied the impotence allegations and accused her of infidelity, demanding the test as “evidence.”
A family court in Raigarh rejected his plea in October 2024, prompting him to approach the High Court, arguing that the test was essential to his case. However, Justice Arvind Kumar Verma dismissed his appeal, reaffirming that a woman’s dignity and bodily autonomy cannot be compromised based on unverified accusations.
Court’s Firm Stand on Rights and Dignity
Justice Verma’s ruling underscored several key principles:
- Article 21 Protects Dignity – The judgment reiterated that Article 21, which guarantees the right to life and personal liberty, inherently safeguards a person’s dignity and privacy. The court declared that forcing a woman to undergo a virginity test is “inhumane, degrading, and an assault on her self-respect.” Such practices undermine a woman’s autonomy and reduce her to an object of suspicion.
- No Room for Gender Bias – The court stressed that legal proceedings must not perpetuate gender-based stereotypes or invasive demands. A woman’s character or fidelity cannot be judged through medically irrelevant and morally questionable tests. Instead, legal disputes should be resolved through factual evidence, not coercion.
- Husband’s Claims Lack Merit – The court dismissed the husband’s argument that the test would strengthen his case. Justice Verma pointed out that the demand was based on baseless assumptions. If the husband wished to challenge his wife’s allegations of impotence, the court advised him to undergo medical tests himself rather than subject his wife to humiliation.
Why Virginity Tests Are Problematic
Virginity tests, rooted in outdated notions of female purity, have long been condemned globally for their unscientific and discriminatory nature. The World Health Organization (WHO) has stated that no medical exam can accurately determine a woman’s sexual history. In India, these tests have historically been used to shame women in legal disputes, reinforcing patriarchal control over their bodies.
The Chhattisgarh High Court’s decision aligns with progressive legal shifts. In 2013, the Supreme Court banned virginity tests for rape survivors, deeming them “unconstitutional.” Similarly, the Delhi High Court (2021) and Madras High Court (2023) ruled against these tests in divorce and custody cases, recognizing their traumatic effects.
Broader Implications of the Judgment
This ruling sets a crucial precedent for safeguarding women’s autonomy in legal and personal matters. It sends a strong message that courts will not entertain regressive tactics designed to shame or control women. By prioritizing dignity over baseless claims, the judgment strengthens legal protections against gender-based violence and discrimination.
Additionally, the court’s suggestion that the husband undergo medical tests to disprove the impotence allegations—rather than targeting his wife—reflects a fair, evidence-driven approach. It underscores that legal battles must be fought with facts, not personal attacks.
Conclusion: A Win for Gender Justice
The Chhattisgarh High Court’s decision is a significant step toward dismantling harmful practices that undermine women’s rights. By affirming that dignity and privacy are non-negotiable, the judgment empowers women to challenge oppressive demands in both personal and legal spheres.
For society, this ruling serves as a reminder that progress lies in respecting individual autonomy and rejecting outdated norms. For the legal system, it reinforces the need to interpret laws through the lens of equality and human rights. As Justice Verma aptly concluded, “A woman’s worth is not defined by narrow societal expectations, but by her right to live freely and with respect.”
This case not only resolves a personal dispute but also contributes to a larger cultural shift—one where women’s rights and voices are upheld over regressive traditions.