PURITY TEST: - MATTER OF RESPECT BY - KAMYA THAKUR
PURITY TEST: - MATTER OF RESPECT
AUTHORED BY
- KAMYA THAKUR
B.A.LLB
AMITY
UNIVERSITY, PATNA
In the
world of open marriages India still has an opinion of virgin brides which is
going to be the topic of this article purity test:- a matter of respect, and it could be the matter of a bride's
life and death, in the recent
case of the Maharashtra murder case, a 12 years old girl murdered by his 30
years old brother just because of he thinks her sister involve in sexual
intercourse and she is no more virgin. In India, women are revered
and regarded as divine beings; nevertheless, the unfortunate reality is that
our society has subjected them to cruelty, aggression, and bias. One of the
most insulting forms of harassment is the virginity test. To ascertain if a
woman is still a "virgin," a virginity test involves a physical
examination to check for hymen ruptures. Even
though the World Health Organization states that a "virgin" hymen
cannot be differentiated from a "non-virgin hymen," a woman's
virginity is still used as a yardstick for assessing her character. The study
examines the ethical and legal ramifications of the virginity tests that are
utilized in India by a variety of organizations and medical specialists. The research looks at the actions made by
various social initiatives, constitutional. The paper deals with the social
and legal implications of the virginity testing
used by various groups and medical professionals in India. The study examines the efforts taken by different
social initiatives, constitutional defences, and court rulings
to defend women's dignity in opposition to activities including virginity
tests.
The concept
of purity, particularly in the context of matrimony, is deeply ingrained in
many cultures around the world. In India, it has been a considerable part of
the cultural narrative, particularly concerning women and their roles in
society. The so-called 'purity tests', which women were, and in some cases, are
still expected to undergo, serve as a reflection of a society's views on
morality, gender roles, and the sanctity of marriage. This article aims to
examine the notion of purity tests for girls in India before and after
marriage, analyzing their historical roots, their impact on women, and the
shifts in attitudes in contemporary society.
We
all know that India developing day by day, and it
stands in industrialization and globalization recently India reached the
moon, but still apart from this India is diverse in some old rituals. Equality among all people is the cornerstone of every civilized society in the highly developed and advanced era of today. However, the two-finger test and the
virginity test continue to be socially stigmatized practices. An ancient Indian
tradition is the virginity test.
A virginity test is a method
used to ascertain the purity of a young woman. To verify that she has never had
a sexual relationship, she can take
a virginity test connection or have never
engaged in any sexual activity before marriage. The test of virginity is
a girl's innocence and has something to do with her personality. Usually, the
exam consists of an inspection of female gentiles for the existence of hymen
and bleeding during their first sex[1].
One of the key marital rites amongst various Indian tribes is the virginity test. The consequences of a virginity test on the tested girl's
ability to maintain her basic rights are also immoral.
When there is suspicion of rape or child sexual abuse, a thorough
hymen examination may be necessary to be carried out, however, the hymen
condition by itself frequently yields conflicting results. A girl's first
virginity test as a sign of virginity must be abandoned as it is a
traumatizing, challenging, and infuriating custom. Akin to violence directed at
women.
In
India, women are revered and regarded as divine beings;
nevertheless, the unfortunate reality is that our
society has subjected them to cruelty, aggression, and bias. One of the most
insulting forms of harassment is the virginity
test. To ascertain if a woman
is still a "virgin," a virginity test involves a physical examination to
check for hymen ruptures. Even though
the World Health Organization states that a "virgin" hymen cannot be
differentiated from a "non-virgin hymen[2],"
a woman's virginity is still used as a yardstick for assessing her character.
The study examines the ethical and legal ramifications of the virginity tests
that are utilized in India by a variety of organizations and medical specialists. Women occupy a paradoxical position
in the varied tapestry of Indian
societal standards, being both adored as celestial
beings and, simultaneously, exposed to appalling cruelty,
aggression, and persistent bigotry[3]. This contradiction is highlighted starkly
via the perspective of the contentious and profoundly intrusive practice
of virginity tests, which remains inside the nation's cultural fabric. Despite
their seemingly elevated status, women face one of the most humiliating types
of harassment: the virginity test. This invasive examination, purportedly conducted
to ascertain a woman's virginity
status, involves a physical inspection
aimed at identifying hymen ruptures. Strikingly, this procedure, rooted
in antiquated beliefs
about female purity, stands in stark contrast to the scientific
consensus on the matter.
The World Health Organization, a
global authority on health matters, unequivocally asserts that distinguishing
between a "virgin" hymen and a "non-virgin" one is a
scientific impossibility. Despite this, the archaic notion that a woman's virtue
is somehow encapsulated within the integrity of her hymen persists,
revealing a disconcerting disconnect between prevailing societal norms and established medical facts[4]. The use of a woman's
virginity as a yardstick for assessing her character
is not only an affront
to individual dignity
but also raises
profound ethical and legal concerns.
This discrepancy between entrenched cultural practices and contemporary medical
knowledge demands a rigorous
examination of the implications and repercussions. Beyond the confines of
tradition, this study delves
into the ethical
and legal ramifications surrounding the widespread utilization of
virginity tests in India, dissecting the involvement of various organizations and medical specialists in perpetuating this
intrusive practice.
Ethically, the practice of subjecting
women to virginity tests raises questions about bodily autonomy, consent, and
the violation of personal privacy. The study scrutinizes the moral implications
of a society that continues to place undue importance on a woman's virginity,
often at the cost of her emotional well-being and psychological health[5].
Moreover, the perpetuation of such tests can be seen as a manifestation of
gender-based discrimination, reinforcing harmful stereotypes and perpetuating an environment where women are unfairly judged
based on arbitrary criteria. Legally, the study
navigates through the labyrinth of existing laws and regulations—or the lack
thereof—about virginity tests in India. It explores potential gaps in the legal
framework that may allow for the persistence of such practices and assesses the
need for legislative reforms to align with the principles of gender equality,
individual rights, and medical ethics.
Additionally, the study sheds light on instances where legal action has
been taken or where advocacy efforts have paved the way for change, offering a
glimmer of hope for a more equitable future
Historical context
In conventional Indian culture,
dignity and respectability were frequently linked to the idea of purity. It was
expected of girls to remain pure until marriage, which was frequently connected
to their virginity. Because
of how strongly held this notion was, females were frequently required
to undergo "purity tests" before to marriage. Although the
specifics of these examinations differed depending on the area and society, the
ultimate goal remained the same: to determine the girl's virginity. After being
married, women were supposed to represent the archetype of the "chaste
wife," a person of impeccable morality who is devoted to her husband. There
was tremendous pressure from society to uphold this façade of purity, and any
dissent was frequently met with harsh repercussions, such as social
exclusion and, in extreme guided by religious
texts and societal norms[6].
The concept of female chastity was highly idealized, and a woman's virtue was
often linked to her marital status and perceived sexual purity. The hymen, a physiological feature,
instances, aggression. The historical examination of India's virginity
test practise offers crucial background information for comprehending the
deeply ingrained origins of this invasive and contentious custom. This analysis
covers several centuries and demonstrates the intricate interactions between
socioeconomic, religious, and cultural elements that have supported the
continuation of this practise. Concepts of humility and purity were deeply
ingrained in Indian culture throughout antiquity, frequently became a
representation of this virtue, giving rise to the idea that a woman's morality
was defined by her integrity. Religious and cultural practises formalised and
reinforced societal standards and expectations around women's conduct across
many periods of Indian history,
including the Vedic
era and the mediaeval period.
These standards, which placed
a strong emphasis on female modesty and conformity to social norms, set the
stage for virginity tests to become a widely accepted indicator of a woman's
moral integrity. India's history saw a dramatic shift during the colonial era,
which saw a collision between indigenous beliefs and Western ideas. Social conventions about women's morality
endured despite the efforts
of colonial rulers to impose their moral beliefs. Victorian morality, which
frequently confused virtue with femininity, had an impact chastity, which strengthened
the practice's cultural foundation. India had a socio-cultural revolution after
independence, with initiatives supporting women's rights and gender equality
gaining traction.
Despite these encouraging
developments, patriarchal systems and deeply rooted cultural views allowed some
regressive practises, such as virginity tests, to endure. There has been a
noticeable change in societal attitudes in India in recent decades as the
country has become more urbanised and globalised, particularly among the
younger population. Virginity tests are a practise that activists and advocacy
groups have fiercely opposed, pointing out that it violates women's rights and
lacks scientific basis. However, the fact that these exams are still used in
some societies highlights the continuous conflict between conventional wisdom
and contemporary ideals. Comprehending the historical development of virginity
tests in India highlights the intricacies ingrained in cultural standards and
highlights the daunting obstacle of tearing down deeply ingrained customs. It
highlights the requirement. for delicate interventions that promote progressive
ideals and legislative changes while attending to cultural sensitivities. Thus,
the historical research provides a crucial lens through which to understand the
beginnings, development, and tenacity
of this practise, directing current
initiatives towards societal
change and the defence of
women's rights. Fighting the purity test is much more than simply eliminating
an antiquated custom; it's also about
confronting the deeply
embedded patriarchal values
that support it. It's about
creating a culture in which a woman's value is derived from her uniqueness,
skills, and contributions to society rather
than from her married status or perceived
chastity. The deeply ingrained
practice of purity or virginity tests in India manifests in various forms
across different communities, shedding light on the diverse cultural contexts
within which these customs persist. One poignant example is the Kanjarbhat
tribe, where the custom of imposing 'virginity tests' on brides is an
unsettling tradition. This practice, highlighted by al-Jazeera, reflects a
community- specific norm that places
an undue burden on women
to prove their chastity, perpetuating harmful gender
stereotypes[7]. In
several communities, including some mentioned by the Washington Post, the expectation for a virgin bride to demonstrate her purity takes the form of
staining a cloth with blood
from her broken hymen. This ritual underscores the obsession with the physical
manifestation of virginity, reducing a woman's worth to the presence or absence
of a specific physiological marker. Such practices not only infringe
upon individual privacy
but also perpetuate an archaic mindset that links a woman's virtue
solely to her sexual history.
Beyond these examples, additional 'purity tests' exist,
each embedded in its own cultural
and regional context. The pani ki
dheej, or purity by water, suggests yet another method employed to assess a
woman's virtue. The agnipariksha, or trial
by fire, draws
parallels with historical and mythological narratives but, when applied in a contemporary context, raises serious
ethical concerns about the bodily
autonomy and well-being of
women. The kukri ki rasam, involving a stained bed sheet, is another manifestation of the fixation on physical
evidence of virginity. Adding to the troubling array of practices, the
two-finger test, as reported by India.com, represents a particularly invasive
and discredited method. This test, which involves
a physical examination to assess vaginal
laxity, has been widely
condemned for its lack of scientific validity and potential to cause
psychological trauma to the individuals subjected to it. It is important
to emphasize that these methods,
despite their prevalence in certain communities, are
not endorsed by medical or scientific authorities. The widespread criticism and
controversy surrounding these practices underscore the urgent need for societal
reflection and legal intervention. The violation of women's rights, the
perpetuation of harmful gender norms, and the lack of medical validity in these
tests collectively highlight the pressing need for cultural sensitivity and
progressive reforms. Understanding the nuances of these varied 'purity tests'
prompts a critical examination of the deeply rooted norms that perpetuate
gender- based discrimination and underscores the importance of challenging and
dismantling such practices in the pursuit of a more equitable and just society[8].
Revealing Truths:
Investigating the Odd Behaviours
Female Genital Mutilation(FGM) is the
practice of cutting, removing, and sewing parts or all of the female
genitalia for non-medical reasons. It is performed on the girls
after their birth
till puberty but mostly is
cut at the age of 5 and 6. The procedure is
usually done by a traditional circumciser using a blade and other similar stuff
which is unsterile and highly unhygienic. The logic behind such traditional
practice is to prevent the sexual insertion into the female’s flower before
getting married which according to the practising communities is a sign of her
upbringing, purity, modesty, and her family’s honour. Usually, the stitches are
opened by the husband after the marriage[9].
VIRGINITY TEST AND INDIAN
CONSTITUTION ARTICLE 21 VIOLATION:
The Indian Constitution states in Article
21 that "No
person shall be deprived of his
life or personal liberty except by the procedure established by law."
Before the Maneka Gandhi case, Article 21 solely protected individuals' rights
to life and personal freedom from the executive branch's arbitrary actions. It
did not extend to legislative action; the state was free to restrict people's
freedoms provided legislation was in place to allow such interference. However,
as a result of the Maneka Gandhi ruling, Article 21 now shields
citizens' rights to life and personal liberty from both legislative and executive action.
If two requirements are met—first, there must be a law; second,
there must be a method
defined by that law, as long as the procedure is equitable and reasonable—a person may be the proof of his
life and be deprived of his life and liberty[10].
Courts have held in several decisions that life includes more than just sustenance—it also includes dignity,
freedom, privacy, and other things.
Furthermore, the definition of "rape" has
expanded significantly with the 2013 Criminal
Law Amendment. It currently consists
of several items that are harmful to a woman's body. Therefore, unless
it qualifies under Section 375 IPC's exemption
1, which states that "A medical operation or intervention shall not
be rape[11],
But A bench of Justices DY Chandrachud and Hima
Kohli heard a criminal appeal in The State of Jharkhand vs. Shailendra Kumar
Rai 2022. They declared that the traumatic and invasive practice ought to be
removed from medical study materials, that anyone found to have performed such a test ought to face harsh punishment, and that the act ought to be viewed as
professional misconduct[12].
The Supreme Court ruled in Lilu Rajesh and Anr v. State of Haryana (2013)[13],
a significant case, that the two-finger test is unconstitutional. It violates
the right to privacy as well as the dignity, bodily,
and mental integrity
of those who have
experienced sexual assault. The assumption of permission cannot be
assumed automatically, even if this test yields favourable results.
In the case of Surjit
Singh Thind v. Kanwaljit Kaur[14], the wife requested a divorce, thus the husband wanted
to display her virginity test. He couldn't
have kids, after all.
Because requiring a woman to undergo a virginity test is against Article 21 of
the Indian Constitution, which protects her right to privacy and her dignity in
life, the court turned down the husband's plea.
The judgment in Sadaf Aziz v. Federation of Pakistan[15],
WP No. 13537 of 2020, said that although virginity testing is carried out in
the guise of medical procedures in situations of sexual violence, it is very
intrusive and has no scientific or medical foundation. It is humiliating to do that. It's not proof that the victim wasn't raped or subjected to other forms
of sexual abuse if it turns out she wasn't a virgin. The attention is shifted
to whether or not the victim is a virgin, and the one who committed the offence
is placed on trial rather than the victim. The victim's sexual orientation is
completely irrelevant in this situation.
It is not right to rape even the most promiscuous
victim, and a virginity test is not the appropriate tool for determining
whether or not there has been sexual assault. It damages a woman's self-esteem. These examinations damage
a woman's dignity
and harm her social and
cultural status by drawing judgments about her
sexual past and personality.
The Delhi
High Court ruled on February 7, 2023, in the case of Sr. Sephy v. Union of
India[16],
January 1, 2009, that it is unconstitutional to subject a female detainee, an
accused person under investigation, or someone in police or judicial custody to
a virginity test. This is because Article 21 of the Constitution guarantees
everyone the right to dignity.
The
right to dignity
under Article 21 is one of the fundamental rights that cannot
be violated or taken away from a person, the Court further stated[17].
However, privacy is a necessary
condition for living a meaningful life. Since the term "privacy" is not defined in the Constitution and is open to judicial interpretation, Article 21 of the document recognizes
it as a basic right. Confidentiality, physiological integrity, psychological
independence, and non- interference are all aspects of privacy. The Indian
Constitution's Articles 14 and 15 are violated by virginity tests[18].
Art. 14 declared Priorities over the law On Indian territory, the State shall not deprive
any individual of equal protection under the law or equality before the law. Article
15 of the document states that it is illegal to discriminate against someone
based on their religion, race, caste, sex, or place of birth. This Golden
Triangle of Fundamental Rights covers all facets of life that contribute to a
man's meaningful, full, and worthwhile existence and ensures our very survival,
without which we cannot survive as human beings19.
CONCLUSION
In
conclusion, reform is necessary as we attempt to navigate the complex web of
societal conventions surrounding virginity examinations in India. It goes
beyond questioning an antiquated custom; it is an appeal to challenge deeply
rooted patriarchal standards. We must all reflect on how we might make society
more just and equitable, support legislative changes, and make a commitment to
preserving the values of equality and human dignity for everyone. As we work to
end the practice of virginity testing, we have the chance to build a society in
which women are valued for their uniqueness, skills, and accomplishments rather
than for their marital status or apparent purity. The following are some
important recommendations:
Suggestions
Educational Initiatives: Put in place extensive
educational initiatives to increase public understanding regarding the negative effects of virginity testing
and encourage gender awareness.
Legal Reforms: Push for more robust
legislation that forbids
virginity tests outright
and imposes harsher
punishments on anyone who participates in or encourages them.
Medical Ethical Principles: To deter healthcare providers from participating in virginity testing, the medical community should
establish and enforce explicit ethical principles.
Community Involvement: Promote candid
conversations in communities to question and alter
conventional wisdom, creating a climate that recognises women for their
intrinsic worth independent of social norms.
Support Systems: To help those who have been the subject
of virginity tests,
provide support networks and
counselling services that address their mental and physical health.
International Cooperation: Take part
in international cooperation to exchange tactics and experiences in the fight against detrimental practices, such as initiatives aimed at ending female
genital mutilation (FGM).
Media Advocacy: Use the media's influence
to dispel myths about virginity, promote good
narratives about women, and confront prejudices.
Political Will: Motivate decision-makers to take up the cause and back laws that upend
patriarchal systems and advance gender equality.
A multimodal strategy that
incorporates cultural, educational, and legislative interventions is needed to change society's
views. By putting
these recommendations into practice as a group,
we can help build a society in which every woman has the liberty and
dignity to choose her path in life.
[1] Utgikar, P. (2023). Virginity
Test In India:
Age-old Practice Still Prevalent. [online]
latest News of India Today. Available at:
https://theprobe.in/stories/virginity-test-in-india/.
[2] India will finally drop ‘virginity test’
from its medical
course. (n.d.). The Times of India. [online]
Available at: https://timesofindia.indiatimes.com/india/india-will-finally-drop-virginity-test-from-its-medical-
course/articleshow/85923077.cms [Accessed 3 Dec. 2023].
[3] Dyson, T. and Moore, M. (1983a). On Kinship Structure, Female Autonomy, and Demographic Behavior
in India. Population and
Development Review, 9(1), pp.35–60. doi:https://doi.org/10.2307/1972894.
[4] Global Citizen. (2018). UN Calls
to End ‘Virginity Tests’ Around the World. [online] Available at: https://www.globalcitizen.org/en/content/un-stops-virginity-tests-female-20-countries [Accessed 3 Dec. 2023].
[5] Two-finger test: Why it is banned in India? Finology
Blog - Latest Updates
& News on Current Affairs and Laws in India. Available at: https://blog.finology.in/Legal-news/two-finger-test
(Accessed: 03 December 2023).
[6] The India Forum. (n.d.). The India Forum. [online] Available at: https://www.theindiaforum.in/gender/enforcing- ban-two-finger-test. [Accessed 3 Dec. 2023].
[7] Johari, A. (2018). Meet the young
activists fighting to end virginity tests for brides among Maharashtra’s
Kanjarbhats. [online] Scroll.in. Available at: https://scroll.in/article/866982/meet-the-young-activists-fighting-to-
end-virginity-tests-for-brides-among-maharashtras-kanjarbhats. [Accessed 3 Dec.
2023].
[8] InUth. (n.d.). InUth.com [online] Available at: https://www.inuth.com/india/did-you-know-brides-in-some-indian- communities-are-forced-to-take-a-virginity-test
[Accessed 3 Dec. 2023].
[9] Köbach, A., Ruf-Leuschner, M. and Elbert,
T. (2018). Psychopathological sequelae of female
genital mutilation and their neuroendocrinological
associations. BMC Psychiatry, 18(1).
doi:https://doi.org/10.1186/s12888-018-1757-0.
[10] Ishaan (n.d.). Article 21 : Constitution of India : All Landmark
Judgments. [online] lawyersclubindia. Available at: https://www.lawyersclubindia.com/articles/article-21-constitution-of-india-all-landmark-judgments-13787.asp. [Accessed 3 Dec. 2023].
[11] www.legalserviceindia.com. (n.d.). Lawyers in India
- Advocates,Law Firms,Attorney directory,Lawyer,vakil. [online] Available at: https://www.legalserviceindia.com/legal/article-9754-an-overview-on-female-genital-
mutilation-looking-into-the-bohra-community.html. [Accessed 3 Dec. 2023].
[12] Farouki, L., El-Dirani, Z., Abdulrahim, S., Akl, C., Akik, C. and McCall,
S.J. (2022). The global
prevalence of female genital mutilation/cutting: A systematic review and meta-analysis of national, regional, facility, and school-based studies. PLOS Medicine,
19(9), p.e1004061. doi:https://doi.org/10.1371/journal.pmed.1004061.
[13] ?ill" @ Rajcsk & A?í :s Statc
Or HaíQa?a” - S"pícmc Co"ít or I?dia, Cíimi?al Appcal No. 1191 or 201«.
[14] Punjab-Haryana High Court, Civil
Revision No. 1799 of 1990
[17] Farouki, L., El-Dirani, Z., Abdulrahim, S., Akl, C., Akik, C. and McCall,
S.J. (2022b). The global prevalence of female genital mutilation/cutting:
A systematic review and meta-analysis of national, regional, facility, and
school-based studies. PLOS Medicine, 19(9), p.e1004061.
doi:https://doi.org/10.1371/journal.pmed.1004061.
[18] www.lawctopus.com. (2021).
Article 21 of the Constitution of India: Understanding Right to Life and
Personal Liberty from Case Laws - Academike. [online]
Available at: https://www.lawctopus.com/academike/article-21-of-
the-constitution-of-india-right-to-life-and-personal-liberty [Accessed 3 Dec.
2023].