Chhattisgarh High Court: "Virginity Test On Wife Illegal. Woman Can't Be Forced, It Violates Her Dignity Under Article 21"

Chhattisgarh High Court ruled that forcing a woman to undergo a virginity test is unconstitutional. The Court stated it violates her right to dignity and personal liberty under Article 21.

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Chhattisgarh High Court: "Virginity Test on Wife Illegal. Woman Can't Be Forced, It Violates Her Dignity Under Article 21"

BILASPUR: The Chhattisgarh High Court clearly said that no woman can be forced to take a virginity test. Doing so would go against Article 21 of the Indian Constitution, which protects every person’s right to life, personal liberty, and dignity.

The Court strongly said that such a demand is unconstitutional and also against the principles of natural justice.

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This important observation came from Justice Arvind Kumar Verma while hearing a case related to a criminal petition. A man had approached the High Court after a family court in Raigarh rejected his request on October 15, 2024.

He had asked for a virginity test to be done on his wife, claiming that she was involved in an illegal relationship with another man. He challenged the family court’s order because it didn’t allow his application.

On the other hand, the wife told the court that her husband was impotent and was refusing to live with her as husband and wife. In this background, the High Court made it clear that the husband has other legal options if he wants to prove that he is not impotent.

“He cannot possibly be permitted to subject the wife to undergo her virginity test and fill up the lacuna in his evidence.”

This decision was made by the High Court on January 9, and the order became available recently.

The court emphasized that demanding a virginity test from a woman is not only morally wrong but also illegal as per the Constitution. It said such a test is an attack on a woman’s personal freedom and dignity. Justice Verma said that Article 21 is the very core of fundamental rights.

“Article 21 of the Constitution of India not only guarantees the right to life and personal liberty but also the right to live with dignity, which is crucial for women.”

“No woman can be forced to conduct her virginity test. It is a violation of fundamental rights guaranteed under Article 21. It has to be borne in mind that Article 21 is the ‘heart of fundamental rights’.”

The judge clearly mentioned that doing a virginity test goes against the basic human respect and dignity every woman deserves.

“The right to personal liberty enshrined under Article 21 is non-derogable and cannot be tinkered with in any manner. The petitioner cannot possibly be permitted to subject the wife to undergo her virginity test and fill up the lacuna in his evidence in this regard.”

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“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 explained that certain rights under Article 21—like the right to live with dignity—are non-derogable, which means they cannot be taken away, even in emergencies or war situations.

The judge also said that both husband and wife have made serious accusations against each other. But these are matters of evidence and the final decision can only be made after proper legal procedure and presentation of proof.

“The High Court is of the considered opinion that the order impugned is neither illegal nor perverse and there is no judicial error committed by the trial court.”

According to the case details, the couple got married on April 30, 2023, following Hindu customs. They started living together at the husband’s family house in Korba district.

Later, the wife informed her family that her husband was impotent and she refused to live with him as a couple. The woman then filed an application under Section 144 of the Bharatiya Nagrik Suraksha Sanhita (BNSS) on July 2, 2024, in the Raigarh family court. She demanded monthly maintenance of ₹20,000 from her husband.

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In reply to this claim, the husband asked the court to allow a virginity test of his wife, saying she was in a physical relationship with her brother-in-law. He also said that their marriage was never consummated.

But the Raigarh family court rejected his application on October 15, 2024. After this, the man filed a criminal petition in the Chhattisgarh High Court, which has now ruled in favor of the woman.

The case is still ongoing and is currently at the evidence stage in the family court.