Court Upholds Women's Right to Privacy and Dignity Under Article 21
In a landmark decision, the Madhya Pradesh High Court at Jabalpur has declared the virginity test, including the controversial "two-finger test," unconstitutional, citing violation of the fundamental rights to dignity and privacy under Article 21 of the Indian Constitution. The judgment was delivered by Justice Vivek Jain in the case of Bhupendra Kushwaha v. Smt. Priyanshi Kushwaha on January 21, 2026.
The case involved a divorce petition filed by the husband, Bhupendra Kushwaha, who alleged cruelty by his wife, Priyanshi Kushwaha, due to her refusal to engage in sexual relations. The petitioner sought a medical examination to ascertain whether the respondent had engaged in sexual activity or been subjected to sodomy. However, the Family Court previously rejected this application, leading to the present petition.
Justice Vivek Jain emphasized that refusal to engage in sexual relations does not constitute a ground for divorce under the Hindu Marriage Act, 1955. He further clarified that seeking a virginity test or any form of medical examination to establish such claims would be an unconstitutional invasion of privacy and dignity.
The judgment referenced several Supreme Court rulings, including the cases of State of Jharkhand v. Shailendra Kumar Rai and SR. Sephy v. CBI, which deprecated the practice of virginity tests. The court underscored that such tests lack scientific validity and are rooted in gender bias, equating female purity with hymenal status - a notion deemed sexist and violative of human rights.
Justice Jain concluded that the petitioner could not rely on invasive medical examinations to substantiate claims of cruelty. Instead, evidence should be gathered through non-intrusive means. The court dismissed the petition, asserting that the right to privacy and dignity is paramount and cannot be compromised for the purpose of divorce proceedings.
The decision marks a significant step towards safeguarding women's rights and eliminating outdated and discriminatory practices. Legal experts and human rights advocates have hailed the judgment as a progressive move that reinforces the constitutional protection of individual dignity and privacy.
Bottom Line:
Virginity test of a woman, including "two-finger test," is unconstitutional and violative of Article 21 of the Indian Constitution, which guarantees the right to dignity and privacy. Refusal to enter into sexual intercourse is not a ground for divorce under the Hindu Marriage Act, 1955.
Statutory provision(s): Hindu Marriage Act, 1955 Sections 11, 12, 13; Constitution of India, 1950 Article 21
