Chhattisgarh HC rejects man’s plea seeking wife’s virginity test: ‘Cannot force a woman, unconstitutional’

The Chhattisgarh High Court has dismissed a plea moved by a man seeking the court to direct his wife to undergo a virginity test. The court observed women cannot be forced to undergo virginity test and it was against fundamental rights guaranteed to women.

Hearing a criminal plea moved by a man doubting his wife had an illicit relationship, the High Court observed the demand was “unconstitutional and it violates Article 21 of the Constitution which includes the right to dignity of women.

Chhattisgarh High Court judge Justice Arvind Kumar Verma observed, “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 petitioner approached the High Court after the family court rejected his plea. The couple got married in April 2023. Recently, the wife alleged that her husband is impotent and she refused to establish a marital relationship or cohabit with her husband. She also moved the family court seeking monthly maintenance from her husband. The husband moved the plea seeking virginity test of his wife in response to her petition.

"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," PTI reported quoting the verdict. The High Court also observed if the petitioner believes charges of “impotency” against him are baseless, he may undergo required medical test.