The Chhattisgarh Excessive Courtroom has stated {that a} lady can’t be compelled to bear a virginity check which violates Article 21 of the Structure that ensures her basic proper to safety of life and liberty, together with the fitting to dignity.
The excessive court docket stated granting permission for a virginity check could be in opposition to the basic rights, cardinal rules of pure justice and secret modesty of a feminine, emphasising that Article 21 is the “coronary heart of basic rights”.
The statement by excessive court docket decide Justice Arvind Kumar Verma got here in response to a felony petition filed by a person who demanded his spouse’s virginity check alleging she was in a bootleg relationship with one other man, difficult a household court docket’s order dated October 15, 2024, which rejected the interim software.
The spouse had alleged that her husband was impotent and refused to cohabit. The HC stated if the petitioner desires to show that the allegations of impotency are baseless, he can bear the involved medical check or produce every other proof.
“He can’t probably be permitted to topic the spouse to bear her virginity check and refill the lacuna in his proof”. The order handed on January 9 was made out there lately.
The excessive court docket famous that the rivalry of the petitioner demanding a virginity check of his spouse is unconstitutional because it violates Article 21 of the Structure which incorporates the fitting to dignity of girls.
“Article 21 of the Structure of India not solely ensures the fitting to life and private liberty but additionally the fitting to dwell with dignity, which is essential for girls.
“No lady might be compelled to conduct her virginity check. It’s a violation of basic rights assured beneath Article 21. It must be borne in thoughts that Article 21 is the ‘coronary heart of basic rights’,” the excessive court docket said.
Justice Verma additional stated that the virginity check is a violation of the fundamental proper of girls to be handled with decency and correct dignity.
“The appropriate to private liberty enshrined beneath Article 21 is non-derogable and can’t be tinkered with in any method. The petitioner can’t probably be permitted to topic the spouse to bear her virginity check and refill the lacuna in his proof on this regard.
“Be that as it might, however in any case, granting the permission for virginity check of the respondent could be in opposition to her basic rights, the cardinal rules of pure justice and secret modesty of a feminine,” the excessive court docket famous.
Non-derogable human rights discuss with rights which can be absolute and is probably not topic to any derogation, even in instances of battle or emergency.
The bench additional noticed that the allegations made by each events in opposition to one another are the subject material of proof and a conclusion might be drawn solely after proof.
“The Excessive Courtroom is of the thought-about opinion that the order impugned is neither unlawful nor perverse and there’s no judicial error dedicated by the trial court docket,” it stated.
The couple bought married on April 30, 2023, as per Hindu rites. They lived collectively on the husband’s household residence in Korba district.
The spouse allegedly advised her relations that her husband is impotent, and she or he refused to determine a conjugal relationship or cohabit along with her husband, the petitioner’s counsel stated.
She filed an interim software on July 2, 2024, beneath part 144 of the Bharatiya Nagrik Suraksha Sanhita (BNSS) earlier than the household court docket in Raigarh district in search of upkeep of Rs 20,000 from her husband.
In response to the upkeep declare interim software, the petitioner sought a virginity check of his spouse alleging that she was in a bootleg relationship along with her brother-in-law. He claimed the wedding was by no means consummated.
On October 15, 2024, the household court docket in Raigarh rejected the husband’s request, following which he filed a felony petition within the Excessive Courtroom.
The case is at the moment at proof stage within the household court docket.
