The Delhi High Court has made it clear in its important decision that it is unconstitutional to conduct virginity test of a detained or a female accused. This is a violation of the right to life with dignity under Article 21 of the Constitution. The court has said that to get to the bottom of the allegations against a woman, her virginity test is not only against her self-esteem, but it also has a very bad effect on the mental health of the woman. This test, which violates fundamental rights, cannot be allowed in the name of investigation.
Justice Swarnakanta Sharma rejected the argument that getting this test done on a woman who is a victim of sexual abuse or getting it done on a woman accused of a crime would be a different thing. In the judgment, he said that certain fundamental rights cannot be suspended or abrogated despite being in custody. The right to live with dignity under Article 21 is also included in this. That’s why the female accused or the victim cannot be allowed to undergo her virginity test.
What was the matter before the court
The High Court gave this decision during the hearing of a case related to Sister Saifi. Saifi, who was accused in the murder case of Sister Abhaya in 1992, was made virginity test by the CBI. In 2020, the CBI convicted Pastor Thomas Kottur and Nun Saifi for the murder. The trial court said that both of them murdered sister Abhaya because Saifi had seen both of them in an objectionable position. Saifi was hit on the head with an ax and then thrown into the well. Saifi had accused the CBI in the year 2008 that without his permission, the CBI got his virginity test done.
HC’s stand on Saifi’s virginity test
Describing Saifi’s virginity test as unconstitutional, the Delhi High Court in its decision said that she can try the option of legal relief against the CBI. However, on the demand for action against the CBI, the court accepted that there was no restriction in the law at that time on getting the virginity test done. On the demand for compensation, the court said that NHRC will consider afresh the memorandum given by Saifi in this regard.
Virginity test unconstitutional, give information to agencies
The court said that information about the declaration of virginity test as unconstitutional should be given to all the investigating agencies by the Ministry of Home Affairs and the Ministry of Health and Family Welfare. Delhi Judicial Academy should include this in their curriculum and they should be informed about this in the workshops of the investigating officers, government lawyers.
Also Read: Uttar Pradesh: 5 arrested in Lucknow for lowering electricity metre reading
Keep watching our YouTube Channel ‘DNP INDIA’. Also, please subscribe and follow us on FACEBOOK, INSTAGRAM, and TWITTER.