'Virginity test' on female accused unconstitutional, violates Article 21: Delhi HC

The Delhi High Court on Tuesday held that forced virginity test on persons in police or judicial custody is unconstitutional. Basic dignity of a person has to be upheld while in custody as well, the court said, Hindustan Times reported.

Viginity test on accused in custoty violates article 21 of constitution

The court ruled that administering a virginity test on a female detainee or accused while in police or judicial custody violates Article 21 of the Constitution. This ruling was made by Justice Swarana Kanta Sharma in a case involving the Central Bureau of Investigation's (CBI) administration of a virginity test on Sister Sephy, who was convicted for the murder of Sister Abhaya in 2020 by a Special CBI Court in Kerala. The murder of Sister Abhaya occurred 28 years prior, in 1992, and her body was found at a convent.

Sister Abhaya had seen accused in compromising position

The trial court's verdict determined that Sister Abhaya was murdered after she saw Father Thomas Kottoor, who was also convicted in the case, and Sister Sephy in a compromising situation. The judge found that Sister Abhaya was hit on the head with a hand axe and thrown into a well to conceal the reason for her death. The trial court heard that Sister Sephy underwent a gynecological procedure to hide evidence of sexual activity, and the court noted that this procedure was performed just prior to her arrest by the CBI.

Sister Sephy arrested in 2008, claimed CBI conducted virginity test

In 2008, Sister Sephy was arrested in connection with the case and claimed that the CBI conducted a virginity test on her without her consent, which drew widespread criticism. On Tuesday, the Delhi High Court declared the virginity test unconstitutional and stated that Sister Sephy has the option to take legal action against the CBI. Additionally, the court issued directives to educate investigating officers on this matter.