Court declares it a violation of constitutional rights, husband’s plea rejected.
On March 31, 2025, the Chhattisgarh High Court ruled that no woman can be forced to undergo a virginity test, calling it a violation of Article 21 of the Indian Constitution, which protects the right to life, liberty, and dignity. The decision came after a man petitioned the court to order his wife to take the test, claiming it would prove her alleged infidelity and counter her accusations of his impotence.
The case stemmed from a family court dispute where the wife sought maintenance, and the husband responded with his demand. The family court had already rejected his request on October 15, 2024, prompting him to escalate it to the High Court. Justice Arvind Kumar Verma, presiding over the case, dismissed the plea, stating that such a test infringes on personal liberty and dignity—rights that cannot be compromised.
The court noted that the husband could address his wife’s claims through medical tests of his own or other evidence, but forcing her into a virginity test was not an option. The ruling reinforces that Article 21 is a cornerstone of individual rights, applicable to all, and cannot be bypassed for personal disputes. This decision aligns with prior judicial stances against invasive tests, marking a clear legal boundary in marital conflicts.
