The Delhi High Court has declared the practice of conducting a “virginity test” on female suspects unconstitutional and in violation of the right to dignity.
The ruling was made in response to a plea filed by Sister Sephy, who claimed she was forced to undergo the test in 2008 as part of the investigation into the death of Sister Abhaya in Kerala in 1992.
The court stated that the test is sexist and has no legal basis, and that it has already been deemed violative of a woman’s right to dignity, integrity, and privacy by the Supreme Court.
The court emphasized that a woman’s right to dignity should not be suspended even when she is in police custody, and that conducting the test is an infringement of her rights under Article 21 of the Constitution.
The court also said that the right to dignity is not just suspended but also waived even if the woman is an accused, undertrial or a convict.
The court has directed the National Human Rights Commission to consider compensation for the petitioner, and said that legal remedies for defamation are available to her if the results of the test were leaked to the media.
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