Thread by @barandbench

#Breaking Delhi High Court holds that 'virginity test' conducted on a female detainee or accused is Unconstitutional and in violation of Article 21 of the Constitution and right to dignity.
#DelhiHighCourt #VirginityTest

Justice Swarana Kanta Sharma holds that conducting virginity test not only amounts to interference with the bodily integrity but also psychological integrity of a woman.
This will have serious and profound effects on the mental health of a woman, the court says.

"Conducting a virginity test on the pretext of reaching truth regarding allegations against her (female detainee) will amount to infringement and violation of her right enshrined in Article 21 and explained in the judgment of D.K. Basu v. State of West Bengal."
#VirginityTest

Justice Sharma says that the test brings forth the
"undesirable and abhorrable notion of differentiation on the basis of gender and stereotypes".
#DelhiHighCourt #VirginityTest

The court made the declaration in a case concerning the virginity test conducted by the CBI on sister Sephy, a nun who was convicted in sister Abhaya murder case of the year 1992.
#DelhiHighCourt #VirginityTest

In a detailed judgement, bench notes that there is no procedure, under any law which provides for “virginity test” of a female accused.
#DelhiHighCourt #VirginityTest

"Virginity testing is a form of inhuman treatment and the same violates the principle of human dignity."
#DelhiHighCourt #VirginityTest

"The test, being violative of right to dignity of an individual, cannot be resorted to by the State and the same shall be in teeth of the scheme of Indian Constitution and the right to life enshrined under
Article 21."
#DelhiHighCourt #VirginityTest

Justice Sharma rejected the argument conducting this test on a woman who is victim of sexual assault and on a woman who may be an accused of an offence will be on different footing.
#DelhiHighCourt #VirginityTest

"[It] will be a perverse finding and against the
intent of the Constitution of India and Article 21," the court concluded.
#DelhiHighCourt #VirginityTest

"Some fundamental rights cannot be suspended or infringed or abridged even when a person is in custody and right to dignity is one such fundamental right which falls within the ambit of Article 21."
#DelhiHighCourt #VirginityTest

Justice Sharma has ordered that the information about the test being declared unconstitutional should be circulated to all investigating agencies through MHA, MoHFW.
#DelhiHighCourt #VirginityTest

The court has also directed the Delhi Judicial Academy to include this information in its curriculum and in the workshops for investigating officers, prosecutors and other stakeholders.

The Delhi Police commissioner has been directed to ensure that the investigating offers are informed and sensitised in this regard.

On the issue of Sister Sephy's prayer for action against CBI for conducting the test, the court said that at the relevant time the test was not barred in law.

With respect to leaking of the information about the test report and false theory of hymenoplasty which allegedly amounted to Sister Sephy's defamation, the court said that there are other remedies available to the petitioner.
#DelhiHighCourt #SisterSephy #AbhayaMurderCase

On the issue of grant of compensation, the bench said that the NHRC will consider afresh the representation filed by Sister Sephy regarding custodial torture once the criminal trial concludes.
#DelhiHighCourt #SisterSephy #AbhayaMurderCase