Virginity test on female accused sexist, unconstitutional: Delhi HC

The order was passed by Justice Swarana Kanta Sharma on a plea moved by Sister Sephy

In a significant judgement, the Delhi High Court on Tuesday declared a virginity test conducted on a female detainee as unconstitutional for being in violation of the right to dignity under Article 21 of the Constitution.

A single bench of Justice Swarana Kanta Sharma said, "The concept of custodial dignity of a female will include her right to live with dignity even while in police custody. Conducting a virginity test on the pretext of reaching truth regarding allegations against her will amount to infringement and violation of her right enshrined in Article 21 of the Constitution".

The court also pointed out that conducting a virginity test not only amounts to the interference of the investigating agency with the bodily integrity but also the psychological integrity of a woman which will have serious and profound effects on her mental health.

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The virginity test conducted on a female detainee or accused under investigation whether in judicial or police custody is unconstitutional, the Delhi high court said on Tuesday.

The bench directed its judgement passed on a plea by Sister Sephy, convicted for the murder of Sister Abhaya in 1992 in Kerala, should be forwarded to different authorities including the Ministries of Home Affairs and Health and Family Welfare.

The petitioner claimed she was forced to undergo a virginity test by the CBI, which also leaked the report to the media before furnishing it to the trial court.

The bench said this court is not impressed with the argument of the law enforcement agency that the virginity test was necessary to uphold the laws, saying this argument itself flouts basic principles that a person’s dignity even in custody has to be upheld.

The court clarified it examined the matter of whether the virginity test conducted on the petitioner was in violation of her fundamental right to live with dignity and not regarding its outcome and its bearing or admissibility before the Court before whom the trial of the criminal case is pending.