Delhi High Court calls virginity test on female detainee "unconstitutional"

New Delhi: The Delhi High Court on Tuesday declared that conducting a virginity test on a female detainee or an accused under investigation in judicial or police custody is unconstitutional under Article 21 – protection of life and personal liberty.

The court was addressing the plea filed by Sister Stephy, a convict in Sister Abhaya's murder, challenging the virginity test conducted on her. The Justice emphasised that Article 21 is not suspended during an investigation.

Justice Swarana Kanta Sharma said the virginity test conducted on Sister Sephy, convicted for the murder of Sister Abhaya in 1992 in Kerala, was unconstitutional. She observed that the basic dignity of a person has to be upheld even in custody and that it had been flouted in this case. She also granted Sister Stephy liberty to seek compensation for violation of human rights after the criminal case is over, reported The Indian Express.

Sister Abhaya was found dead in a well at the St Pius Convent in Kottayam in March 1992. In 2009, the CBI chargesheet said the victim had found Sister Sephy, Father Kottoor, and Father Jose Poothrikkayil in a compromising position. In 2020, the special CBI court confirmed that Sister Stephy and Father Kottoor inflicted a fatal blow on Abhaya's head.

Both were sentenced to life imprisonment for murder. In June 2021, the Kerala high court suspended the sentence and granted bail to the convicts saying there were serious inconsistencies in the statements of prosecution witnesses. Father Poothrakayal was discharged earlier over lack of evidence.