Woman Can't Be Forced To Take Virginity Test, Says High Court

A woman cannot be forced to undergo a virginity test as it violates Article 21 of the Constitution, which guarantees her fundamental right to protection of life and liberty, including the right to dignity, the Chhattisgarh High Court has said.

Emphasising that Article 21 is the "heart of fundamental rights", the High Court said granting permission for a virginity test would be against the "fundamental rights, cardinal principles of natural justice and secret modesty of a female".

Justice Arvind Kumar Verma made the observation in response to a criminal petition filed by a man who demanded his wife's virginity test, alleging she was in an illicit relationship with another man, challenging a family court's order dated October 15, 2024, which rejected the interim application.