The Chhattisgarh High Court has said that a woman cannot be forced to test virginity test. This is because it violates Article 21 of the Constitution, which guarantees the fundamental right to protect his life and freedom, including the right to respect. The High Court said that permission for virginity test will be against fundamental rights, major principles of natural justice and privacy of women. The court insisted that Article 21 is the ‘heart of fundamental rights’.
Wife accused of illicit relationship
According to the news agency, this remark of High Court Judge Arvind Kumar Verma came in response to a criminal petition filed by a person, who demanded his wife’s virginity test, alleging that he was in an illicit relationship with another person. He challenged the order of the Family Court of October 15, 2024, which rejected the interim application.
‘Husband is impotent, refused to make relations’
In fact, in the case, the wife had alleged that her husband is impotent and has refused to make a relationship. The High Court said that if the petitioner wants to prove that the allegations of impotence are baseless, then he can get the concerned medical test or offer any other evidence. But he cannot be allowed to get the wife’s virginity test done and the lack of evidence in his evidence. The order passed on 9 January was recently made available. The High Court said that the petitioner’s demand for his wife’s virginity test is unconstitutional as it violates Article 21 of the Constitution which includes the right to honor women.
‘Can not force for virginity test’
The High Court said- ‘Article 21 of the Indian Constitution not only guarantees the right to life and personal freedom, but also guarantees the right to live with respect, which is important for women. No woman can be forced to conduct her virginity test. This is a violation of the fundamental rights guaranteed under Article 21. It has to be kept in mind that Article 21 is the ‘heart of fundamental rights’.
Wife had demanded to maintain maintenance
The couple married on April 30, 2023 according to Hindu customs. He lived together at the husband’s family residence in Korba district. The petitioner’s counsel said that the wife had allegedly told her family members that her husband was impotent and refused to have a marital relationship. On July 2, 2024, she filed an interim application demanding maintenance of Rs 20,000 from her husband in the Family Court of Raigad district under Section 144 of the Indian Civil Protection Code (BNSS).
In response to the interim application of the claim of maintenance, the petitioner demanded a virginity test of his wife, alleging that she was in an illicit relationship with her brother-in-law. He claimed that the marriage never concluded. On October 15, 2024, the Family Court of Raigad rejected the husband’s request, after which she filed a criminal petition in the High Court. The case is currently in the Evidence Stage in the Family Court.