Virginity test violates right to privacy under article 21.
Article 21 of the Constitution of India says that " no person shall be deprived of his life or personal liberty except according to procedure established by law"
Prior to Maneka Gandhi's Case Article 21 guaranteed the right to life and Personal ability to Citizens only against the arbitrary action of the executive, and not form legislative action the state could interfere with the liberty of citizens if it could support its action by a valid law. But after the Maneka Gandhi's decision Article 21 now protects the right to life and personal liberty of citizen not only from the executive action but from the legislative action also.
A person can be the proof of his life and personal deprived of his life and personal liberty if two conditions are complied with, first,there must be a law and secondly there must be a procedure prescribed by that law, provided that the procedure is just fair and reasonable.
What is virginity ?
"Virginity is the state of a person who has never engaged in a sexual intercourse".
What is virginity test ?
A 'Virginity test' is the practice and process of determining whether a girl or woman is a virgin; i.e, whether she has never engaged in sexual intercourse.
The test typically involves a check for the presence of an intact hymen, on the assumption that it can only be torn as a result of sexual intercourse.
There is ' two finger test' A doctor performs the test by inserting a finger into the female's vagina to check the level of vaginal laxity, which is used to determine if she is "habituated to sexual intercourse".
The Supreme Court of India has held that the :two-finger test' on a rape victim violates her right to privacy, and asked the Indian government to provide better medical procedures to confirm sexual assault.
In Surajit Singh Thind vs Kanwaljit kaur
Punjab and Haryana high court has held that allowing medical examination of a woman for her virginity amounts to violation of her right to privacy and personal liberty enshrined under article 21 of the Constitution.
In this case the wife has filed a petition for a decree of nullity of marriage on the ground that the marriage has never been consummated because the husband was impotent. The husband had taken the defence that the marriage was constructed and he was not impotent. In order to prove that the wife was not virgin the husband filed an application for her medical (virginity test) examination.
The court held that allowing the medical examination of a woman's virginity violets her right privacy under article 21 of the Constitution. Such an order would amount to Roving enquiry against a female who is vulnerable even otherwise. The virginity test cannot constitute in Sole basis, to prove the consummation of marriage.
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