Delhi HC: Virginity Tests On Female Accused In Judicial, Police Custody Is Unconstitutional

The Delhi High Court ruled on Tuesday that performing a virginity test on a female detainee, accused under investigation, or in custody, whether judicial or police, is unconstitutional and violates Article 21 of the Constitution, which includes the right to dignity.

While passing the judgement, Justice Swarana Kanta Sharma stated that the necessary information regarding the unconstitutionality of the virginity test was distributed to all investigating agencies/stakeholders through the Secretary, Union Ministry of Home Affairs, Secretary, Union Ministry of Health and Family Welfare, and Secretary, Department of Health and Family Welfare, Govt. of NCT of Delhi.

The Delhi Judicial Academy has been directed to include information about this issue in its curriculum as well as in workshops conducted for investigating officers, prosecutors, and other stakeholders.

Similarly, the Delhi Police Academy for Training will include the relevant information regarding this issue in its training curriculum. According to the Delhi High Court, the Commissioner of Police is also directed to ensure that the investigating officers are informed and sensitized in this regard.

The Delhi High Court issued the directives in a case involving the virginity test performed on Sister Sephy, the accused in the Kerala Sister Abhaya Murder case.

In 2020, the CBI found Sister Sephy guilty of murdering Sister Abhaya and sentenced her to life imprisonment. The Trial Court had relied on the results of the virginity test. The sentence is now being appealed before the Kerala High Court.

According to the petitioner’s case, the CBI forced her to take the ‘Virginity Test’ on November 25, 2008, against her will.

The investigating agency conducted the virginity test under the guise of an investigation to substantiate their case in relation to the death of the deceased, who was discovered dead in a well on March 27, 1992.
The CBI allegedly leaked the result of the said test to the media, and it is the petitioner’s case that the CBI’s conduct in subjecting the petitioner to a virginity test against her free will and selective leakage of the test by the investigating agency to the electronic and print media even before submitting the result to the concerned Court amounts to a violation of the petitioner’s fundamental rights.