‘Virginity test on accused in custody is unconstitutional’

New Delhi: The Delhi High Court declared that the virginity test conducted on a female detainee, accused under investigation, or in custody, whether judicial or police, is unconstitutional and in violation of Article 21 of the Constitution which includes right to dignity.

Justice Swarana Kanta Sharma while passing the judgment stated that the necessary information regarding the unconstitutionality of virginity test is circulated 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 is directed to include the information regarding this issue, in its curriculum and in the workshops conducted for investigating officers, prosecutors and other stakeholders.

Similarly, the Delhi Police Academy for Training shall also include the necessary information regarding this issue in its training curriculum. The Commissioner of Police, Delhi is also directed to ensure that the investigating officers are informed and sensitized in this regard, said Delhi’s High Court.