Delhi High Court Condemns Virginity Test, Calls It Sexist And Unconstitutional

This sexist practice needs to end!
Delhi High Court Condemns Virginity Test, Calls It Sexist And Unconstitutional

For centuries, society has systematically suppressed women’s sexuality by associating “izzat” and “aabru” with women’s bodies. Somehow, society has managed to ensure that a family’s respect and reputation are synonymous with the chastity of the women in the family. For the longest time, women’s worth has been measured like that of ghee. Intact virginity makes them “pure” and lack of it makes them promiscuous or of loose character. And yet, virginity tests continue to be a part of our society. However, in a recent case, Delhi High Court condemned the virginity test and called it “sexist” and “unconstitutional”.

The Delhi High Court was hearing a petition filed by Sister Sephy, who was convicted for the murder of a nun by Kerala’s Special CBI Court in 2020, alleging that CBI conducted a “virginity test” on her without consent and the results of the test were later leaked. While hearing the case, Justice Swarana Kanta Sharma noted that the virginity test is “sexist and unconstitutional” as it is a violation right to life and dignity enshrined under Article 21 of the Indian Constitution.

Making an observation in the case, Delhi High Court said that while virginity does not have a definite medical or scientific definition but it has become a sign that indicated the purity of a woman making it sexist in nature. Terming the test “a form of inhumane treatment”, Justice Sharma noted that the virginity test impacts the bodily integrity as well as psychological integrity of a woman. The Delhi HC further observed that the test is based on gender inequality and stereotypes.

Also Read: France’s Ban On Virginity Tests is Being Opposed By Doctors And Activists. Why?

During the case, it was argued that conducting a virginity test on a sexual assault victim and an accused woman is not the same. However, Delhi High Court rejected the argument and noted that there is no legal procedure that allows a virginity test while adding that the rights enshrined under Article 21 of the Indian Constitution are fundamental rights which cannot be infringed or violated even if a person is in custody while highlighting the concept of “custodial dignity”. As per the judgement, the Delhi High Court ruled that conducting a virginity test on a female detainee is a violation of her fundamental rights and is unconstitutional. The court noted that being accused of a crime or being arrested for one does not suspend one’s fundamental rights.

All You Need To Know About The Case Delhi High Court Was Hearing

In 2020, sister Sephy was convicted in the Sister Abhaya murder case. Sister Spehy alleged that in 2008 she was forced to undergo a virginity test by CBI in a 1992 murder case. She also alleged that the results of the virginity test were leaked. The petitioner sought action against CBI for forcing her to undergo the test.

Also Read: Indonesia Had ‘Virginity Tests’ For Women Army Cadets And Now They’ve Done Away With Them

Sister Sephy was convicted for the murder of a nun, sister Abhaya by Kerala’s Special CBI Court. Sister Abhaya had witnessed two priests and sister Sephy in a compromising position after which the 3 accused killed her by hitting her on the head with a hand axe and then threw her body in a well to cover up. During the trial, CBI informed the trial court that the nun had undergone a gynaecological procedure to restore her hymen in an attempt to hide the crime. As per the investigative agency, the hymen-restoration procedure was conducted on the eve of the nun’s arrest. To prove the same, the virginity test was conducted on Sister Sephy.

It’s a relief to hear the Delhi High Court highlight how unconstitutional a virginity test is irrespective of who and why it is being conducted. More so since we have time and again spoken up about how the concept of virginity is nothing more than a social construct and lacks medical standing.

Rape Survivor Forced To Take Virginity Test After Marriage, Asked To Pay 10 Lakhs For Purification. We Need Stricter Laws Against Such Tests!

Janvi Manchanda

​​She uses her pen to slice through patriarchy. She could be Geet one day, Wednesday Addams next. Writing is the bane of her existence and the object of all her desires!

Read More From Janvi
Seen it all?

We’ve got more!