Violates Fundamental Right To Dignity: Chhattisgarh High Court Rejects Husband's Plea For Virginity Test Of Wife

The Chhattisgarh High Court has held that virginity test violates fundamental right to dignity of a woman under Article 21 of the Constitution.

The Court was considering a Criminal Revision Petition against the order of the Family Court whereby the Interim Application under Section 144 of BNSS, 2023 was rejected.

The Bench of Justice Arvind Kumar Verma held, "Article 21 of the Constitution of India not only guarantees the right of life and personal liberty but also right to live with dignity, which is crucial for women. No woman can be forced to conduct her virginity test. It is the violation of fundamental right guaranteed under Article 21. It has to be borne in mind that Article 21 is the “heart of fundamental rights”. Moreover, it is a basic right of a female to be treated with decency and proper dignity and virginity test is a violation of it."

The Petitioner was represented by Advocate Aniket Verma.

Facts of the Case

The Respondent had filed an Application under Section 144 of BNSS, 2023 before the Family Court was seeking maintenance of Rs. 20,000/- per month, which is still pending. The Husband and the Respondent Wife solemnized their marriage in 2023 in accordance with the Hindu rites and customs traditionally observed in their community and they both started living at the Applicant’s family residence. The Respondent told her father and other family members that the Applicant is impotent. Based on this accusation, she categorically refused to establish a marital relationship or cohabitate with her husband. In the Application for interim maintenance submitted by the Applicant requested for the virginity test of the Respondent because no sexual intercourse was done between the Husband and Wife, and it was alleged that his wife was having an illicit relationship with her brother-in-law.

Reasoning By Court

The Court cited judgment of the Apex Court in State of Jharkhand Vs. Shailendra Kumar Rai (2022), whereby 'two finger test' was banned. It thus rejected the contention of the Petitioner to conduct the virginity test of the Respondent/ Wife as unconstitutional and violative of Article 21 of the Constitution, which includes the right to dignity of women.

"The right of personal liberty enshrined under Article 21 of the Constitution of India are non-derogable rights and cannot be tinkered with in any manner. If the petitioner wants to prove that the allegations imposed upon him by the respondent/wife that he is impotent is baseless, then, he can undergo the concerned medical test or he can produce any other evidence in this relevant connection. He cannot possibly be permitted to subject the wife to undergo her virginity test and fill up the lacuna in his evidence in this regard. Be that as it may, but in any case, granting the permission for virginity test of the respondent would be against her fundamental rights, the cardinal principles of natural justice and secret modesty of a female," the Court observed.

It also noted that allegations made by both parties against each other are the subject matter of evidence and a conclusion in this regard can be drawn only after the evidence.

The Petition was accordingly dismissed.

Case No.- CRR No. 16 of 2025

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