Bilaspur: The Chhattisgarh High Court has ruled that a woman cannot be forced to undergo a virginity test, declaring it a violation of her fundamental rights under Article 21 of the Indian Constitution.

The court emphasised that Article 21 guarantees the right to life, liberty, and dignity, and that subjecting a woman to such a test goes against the principles of natural justice and her personal modesty.

Justice Arvind Kumar Verma made the observation in response to a petition filed by a man who had requested his wife undergo a virginity test. The man alleged that his wife was involved in an illicit relationship with another man, and challenged a family court's decision to reject his request for the test. The petition stemmed from ongoing marital disputes, with the wife accusing her husband of being impotent and refusing to cohabit.

The high court stated that while the petitioner could challenge the allegations of impotency by undergoing relevant medical tests or providing other evidence, he could not compel his wife to undergo a virginity test to fill the gaps in his evidence. The court ruled that this demand was not only unconstitutional but also violated the dignity of the woman, as protected under Article 21.

"No woman can be forced to undergo a virginity test," the court affirmed. "It is a violation of fundamental rights and goes against the basic rights of women to be treated with decency and dignity."

The court further noted that the right to personal liberty under Article 21 is non-derogable, meaning it cannot be altered under any circumstances. It rejected the petitioner's request for the virginity test, stating that such an action would infringe upon the wife’s rights, her modesty, and her right to live with dignity.

The dispute between the couple, who married in April 2023, has been ongoing. The wife had filed for maintenance under section 144 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), seeking Rs 20,000 from her husband. In response, the husband demanded the virginity test, alleging the marriage was never consummated. However, the family court in Raigarh rejected his request in October 2024, prompting him to file a criminal petition in the high court.

The high court's ruling further emphasised that the case was still at the evidence stage in the family court, and the allegations from both parties would be examined before a final conclusion could be drawn.