Shikhar Gupta
What is Virginity Testing?
The society has different ways to detect whether a female is a virgin or not. This differentiates “pure” females from “impure” females. This is unfortunately the society we live in where purity of a woman is decided on the basis of whether she had sexual intercourse or not. If a female didn’t have sexual intercourse and is a virgin, then she is worthy of getting respect otherwise she is not considered worthy enough of being respected by the society. The test is mainly done on unmarried females, often without consent or in situations where they are unable to give consent. Countries where it is practiced include Afghanistan, Bangladesh, Egypt, India, Indonesia, Iran, Jordan, Palestine, South Africa, Sri Lanka, Swaziland, Turkey, and Uganda.
This test is done by the doctor when he inserts two fingers into the vagina of the victim. The test helps in determining laxity and the sexual activity of the victim i.e. whether the victim is sexually active or not. This test would help in verifying whether the hymen is broken or not. Insertion of one finger with strain into the vagina shows that the victim is a virgin whereas easy or smooth insertion of two fingers in the vagina shows that the female is habituated to sexual activity. The reports of these kinds of tests were usually submitted by the doctors to the lawyers who used them as evidence to defend their clients.
Gujarat High Court’s Decision
In the case titled State of Gujarat v. Rameshchandra Ramabhai, delivered on 29 Januray 2020the courtheld this practice as “archaic and outdated”. It was held violative of the right of the victim to privacy, physical and mental integrity and dignity. The Court found the practice to be in direct conflict with the provisions to Section 146 of the Indian Evidence Act, which stipulates that “in prosecution for rape or attempt to commit rape, it shall not be permissible to put questions in the cross-examination of the victim as to her general immoral character.”
The Court did remind the State of its obligations and duties in view of the International Covenant on Economic, Social, and Cultural Rights 1966 and the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power 1985, apart from its statutory and constitutional obligation.
Also the Supreme Court in 2013 had observed in the case of Lilu @ Rajesh v State of Haryana that the ‘two-finger test’ will violate the woman’s right to privacy and dignity.
A test like the Two-Finger test is yet another inhuman and irrational process that attacks the right to privacy and is a serious blow to the mental, physical and ethical conditions of the victim. The test should be condemned and should be strictly prohibited by enacting amended laws that apply uniformly throughout the country. While the Supreme Court has clearly banned this practice, its implementation remains a challenge. Therefore a law in this regard, providing for strict punishment for anyone who engages in this test is very much required to put an end to this practice.
