Chhattisgarh High Court Rules Virginity Test Violates Article 21

In March 2025, the Chhattisgarh High Court ruled that a woman cannot be forced to undergo a virginity test, as it violates Article 21 of the Constitution, which guarantees the right to life, liberty, and dignity.

Key Points

Violation of Fundamental Rights: The court emphasized that forcing a woman to undergo a virginity test is unconstitutional and against the principles of natural justice.
Case Background: A husband petitioned for his wife's virginity test, alleging infidelity after she accused him of impotence and sought maintenance.
Judicial Standpoint: Justice Arvind Kumar Verma ruled that the husband's request was impermissible, as it sought to fill gaps in his evidence.
Right to Dignity: The court reiterated that Article 21 ensures the right to live with dignity and that a virginity test violates this right.
Non-Derogable Human Rights: The ruling reinforced that personal liberty is absolute and cannot be infringed upon under any circumstances.