Mon Mar 31 03:48:34 UTC 2025: ## Chhattisgarh High Court Rules Against Virginity Tests: Violates Women’s Fundamental Rights

**Bilaspur, Chhattisgarh, March 31, 2025** – The Chhattisgarh High Court has ruled that forcing a woman to undergo a virginity test is unconstitutional, violating her fundamental right to dignity under Article 21 of the Indian Constitution. The ruling came in response to a petition filed by a man who accused his wife of infidelity and demanded the test as evidence.

The husband, who alleged his wife was in an illicit relationship and that their marriage had not been consummated, sought the test after a family court rejected his request in October 2024. He claimed his wife’s refusal to cohabit stemmed from his alleged impotency, which he proposed to counter with a virginity test. The wife, conversely, claimed her husband was impotent and filed for maintenance.

Justice Arvind Kumar Verma, in his January 9th order (released recently), stated that the husband’s demand is a violation of Article 21, which protects the right to life and personal liberty, including the right to dignity. The court emphasized that Article 21 is the cornerstone of fundamental rights, and forcing a virginity test is against these rights, principles of natural justice, and a woman’s privacy.

The High Court clarified that if the husband wishes to challenge the wife’s claim of his impotency, he must provide alternative evidence, such as a medical test of his own. The court deemed the husband’s attempt to use the virginity test to fill evidentiary gaps unacceptable.

The couple, married in April 2023, are currently involved in a family court case regarding maintenance and accusations of infidelity. The High Court upheld the lower court’s decision, finding no judicial error. The case proceeds to the evidence stage in the family court.

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