Chhattisgarh Excessive Courtroom guidelines that girl can’t be pressured to endure virginity check

A state excessive court docket in India has dominated {that a} girl can’t be pressured to endure a virginity check, arguing it could violate her basic rights enshrined in Article 21 of the Structure.

The Chhattisgarh Excessive Courtroom famous that granting such a permission could be towards the rules of pure justice

The ruling by Justice Arvind Kumar Verma got here in response to a legal 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, then again, had claimed that her husband was impotent and refused to cohabit.

The HC as an alternative steered the petitioner to endure the involved medical check or produce another proof to show that the allegations of impotency haven’t any base.

“He can’t presumably be permitted to topic the spouse to endure her virginity check and replenish the lacuna in his proof”.

It should be famous that the order was handed in January however has solely just lately been made public.

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 appropriate tothe  dignity of girls.

“Article 21 of the Structure of India not solely ensures the appropriate to life and private liberty but in addition the appropriate to reside with dignity, which is essential for girls.

“No girl might be pressured to conduct her virginity check. It’s a violation of basic rights assured underneath Article 21. It needs to be borne in thoughts that Article 21 is the ‘coronary heart of basic rights’,” the excessive court docket said.

Justice Verma additional mentioned that the virginity check is a violation of the fundamental proper of girls to be handled with decency and correct dignity.

“The precise to private liberty enshrined underneath Article 21 is non-derogable and can’t be tinkered with in any method. The petitioner can’t presumably be permitted to topic the spouse to endure her virginity check and replenish the lacuna in his proof on this regard.

“Be that as it could, however in any case, granting the permission for virginity check of the respondent could be towards her basic rights, the cardinal rules of pure justice and secret modesty of a feminine,” the excessive court docket famous.

Non-derogable human rights check with rights which might be absolute and will not be topic to any derogation, even in occasions of struggle or emergency.

The bench additional noticed that the allegations made by each events towards one another are the subject material of proof and a conclusion might be drawn solely after proof.

“The Excessive Courtroom is of the thought of opinion that the order impugned is neither unlawful nor perverse and there’s no judicial error dedicated by the trial court docket,” it mentioned.

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 informed her members of the family that her husband is impotent and she or he refused to ascertain a conjugal relationship or cohabit along with her husband, the petitioner’s counsel mentioned.

She filed an interim software on July 2, 2024, underneath 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 legal petition within the Excessive Courtroom.

The case is presently at proof stage within the household court docket.

(With inputs from PTI)