‘Virginity Test’ on Accused Unconstitutional

Subject : Polity

Section : Constitution

Concept :

The Delhi high court ruled that running a ‘virginity test’ on a female accused or detainee is unconstitutional and inhuman, and a violation of Article 21 of the Constitution.
Not only does such a test interfere with a woman’s bodily integrity, the court said, it can also have a longstanding psychological impact on the woman.

Virginity Test

The Virginity/ 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.
A woman who has been sexually assaulted undergoes a medical examination for ascertaining her health and medical needs, collection of evidence, etc.
A handbook released by the World Health Organization (WHO) on dealing with sexual assault victims says, “There is no place for virginity (or ‘two-finger’) testing; it has no scientific validity.”

What the Government’s Guidelines say?

After the 2013 Justice Verma Committee report on amendments to criminal law for a faster trial, and enhanced punishment in sexual assault cases, the Union Health Ministry brought out detailed guidelines for the medical examination of victims of sexual assault in early 2014.
According to the guidelines ‘two-finger test’, must not be conducted for establishing rape/sexual violence.
The guidelines state that a rape victim’s consent (or her guardian’s, if she is minor/mentally disabled) is necessary for any medical examination. Even if the consent is not provided, the victim cannot be denied medical treatment.
However, these are guidelines and are not legally binding.