Unconstitutional, Inhuman Treatment, Delhi HC On Virginity Test On Women Detainees

Virginity was always a social construct based on gender bias where a woman was expected to be ‘pure’. Due to the same, women in India and across the globe have been subjected to virginity tests since ages. However, the Supreme Court and Delhi High Court believe that the test is unconstitutional. 

delhi high court virginity test judgement unconstitutional

On February 7, Delhi HC called the virginity test conducted on women detainees ‘unconstitutional and inhuman treatment’. It also noted that any such activity violates the fundamental rights guaranteed under Article 21 of the Constitution, which states that a person must not be deprived of his life or personal liberty.

The court also observed that the test interferes with the bodily integrity of a woman and can even have a long-lasting psychological impact on the woman. Justice Swarna Kanta Sharma was hearing a writ petition submitted by Sister Sephy. She was convicted of the murder of Sister Abhaya. The petition was against the virginity test conducted on her in 1992 during the investigations by the Central Bureau of Investigation (CBI).

The Virginity Test Is Inhumane

virginity test is unconstitutional

The bench noted, “Virginity testing is a form of inhuman treatment, and the same violates the principle of human dignity. The test being violative of the right to dignity of an individual, cannot be resorted to by the State and the same shall be in teeth of the scheme of Indian constitution and the right to life enshrined under Article 21.”

Justice Sharma also observed that certain fundamental rights cannot be infringed, suspended or abridged even if a person was in custody. She remarked that the right to dignity is one such fundamental right.

The court said out loud that ‘virginity’ does not have a medical and scientific definition but has become a mark of purity of a woman. It also pointed out that in 2022, the Supreme Court of India also held it ‘unconstitutional’.

Don't Miss: Stridhana: History Of The Only Property Women Owned In Ancient India

Case Background

sister sephy case background

Sister Sephy filed the petition in 2009 claiming that she was forcefully held to undergo a virginity test by the CBI in November 2008. She claimed that it was done against her consent to establish her relationship with two Fathers of St Pius X Convent in Kottayam, who were also convicted in the case.

It took almost 15 years for her to hear this judgement. In the petition, she also claimed that the CBI did to implicate her in the case.

The bench noted that even if we assume that the accused had the same motive to murder the victim as suggested by the CBI, there was no reason to conduct the test, that too without her consent.

Sister Sephy demanded compensation for the crime and also asked the court to punish the CBI officers involved in it. On the contrary, the CBI filed an affidavit saying since no harm was caused to the victim, they were not bound to pay any compensation. The crime bureau also said Delhi HC should not have entertained the petition since the murder case was ongoing before the Kerala High Court.

While passing the judgement, Justice Sharma said the test in itself is an extremely traumatic experience for a victim of sexual assault as well as any other woman. It could have a devastating effect on a woman’s physical and mental health.

Don't Miss: Why SC Called Tax Law 'Discriminatory' Towards Sikkim Women

This test was always based on gender bias where society directed a woman to be pure until married. However, there have been no such questions or remarks about a man’s virginity. No matter what people believe, medically, a hymen can stretch if a person indulges in intense physical activity. No doctor can tell by looking at the hymen whether a woman has a history of physical relations or not.

Recommended Video

Justice Sharma also ordered that the information about virginity tests being unconstitutional must be circulated across the Ministry of Home Affairs and the Ministry of Health and Family Welfare.

HzLogo

Take charge of your wellness journey—download the HerZindagi app for daily updates on fitness, beauty, and a healthy lifestyle!

GET APP