FORCED VIRGINITY TEST IS UNCONSTITUTIONAL: HC

  • The Delhi high court on Tuesday held that forced virginity test on persons in police or judicial custody is unconstitutional stating that strangely, though the word “virginity” may not have a definite scientific and medical definition, it has become a mark of purity of a woman.
  • It is declared that the virginity test conducted on a female detainee, accused under investigation, whether judicial or police, is in violation of Article 21 of the Constitution which includes right to dignity.
  • Cannot be two sets of views regarding the test of virginity being in violation of fundamental right” of a victim of sexual assault and a woman under investigation.
  • The intrusive testing procedure does not have a medical standing.
  • Despite being inaccurate and their being definite studies that in some women hymen may not tear during vaginal intercourse, while in others they may tear even without vaginal sexual intercourse due to sports and other activities, such test has been conducted.

TWO FINGER TEST

  • A woman who has been sexually assaulted undergoes a medical examination for ascertaining her health and medical needs, collection of evidence, etc.
  • The two-finger test, carried out by a medical practitioner, involves the examination of her vagina to check if she is habituated to sexual intercourse.
  • The practice is unscientific and does not provide any definite information.
  • Moreover, such ‘information has no bearing on an allegation of rape.

SOURCE: THE HINDU, THE ECONOMIC TIMES, PIB

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