The Chhattisgarh High Court has reinforced the unconstitutionality of virginity tests, denouncing the practice as a blatant violation of Article 21 of the Indian Constitution, which guarantees the right to life, personal liberty, and dignity.

The judgment was delivered in response to a criminal revision petition filed under Section 19(4) of the Family Courts Act, 1984. The petitioner challenged the Family Court’s October 15, 2024, order that had rejected an interim application under Section 144 of the Bharatiya Nyaya Sanhita (BNSS), 2023.

A woman from Raigarh sought a monthly maintenance of Rs 20,000 under Section 144 of BNSS, 2023. The case, currently in the evidence stage, revolves around a marital discord that escalated into serious allegations.

The couple had tied the knot on April 30, 2023, following Hindu rites, and initially lived together at the husband's residence in Korba district. However, their relationship soon turned sour after the wife accused her husband of impotency and refused to cohabit with him.

In a retaliatory move against the maintenance claim, the husband demanded a virginity test for his wife. He alleged that she was engaged in an illicit affair with her brother-in-law and that their marriage had remained unconsummated.

The Family Court had outright dismissed the husband’s plea for a virginity test, leading him to escalate the matter to the High Court. However, the Single Bench of Justice Arvind Kumar Verma upheld the Family Court’s stance, declaring such demands unconstitutional and deeply invasive.

Referring to legal precedents, the court cited State of Jharkhand Vs. Shailendra Kumar Rai (2022) 14 SCC 299, wherein the Supreme Court unequivocally ruled that the “two-finger test” or any per vaginum examination on a sexual assault survivor amounts to misconduct.

The bench also referenced the Delhi High Court’s ruling in Sephy Vs. CBI and Others, which reaffirmed that subjecting a female detainee or accused to a virginity test is a direct violation of Article 21.