‘It is unconstitutional to test a woman’s virginity during investigation’, says Delhi High Court


Sister Abhaya Murder Case: The Delhi High Court said on Tuesday (February 7) that conducting virginity test (virginity test) of any female accused or convict during police or judicial custody is unconstitutional. The court has said this on the test of Sister Sheffy in the 1992 Sister Abhaya murder case.

Justice Swarna Kanta Sharma said that the basic dignity of any person should be taken care of, but this was not done in the Sister Abhaya murder case. Testing anyone’s virginity is a violation of fundamental right Article 21.


Will action be taken against CBI?
The court said that the nun has legal avenues to take action against the CBI. Sister Saifi had said that her virginity test report was leaked. Because of this the false story of hymenoplasty spread. The court has also asked the officers to be sensitive in the whole matter. Actually CBI had got Saifi’s virginity test done.


What is the matter?
Sister Abhaya was found dead on March 27, 1992, in a well at St Pius Convent in Kottayam district of Kerala. In the initial investigation, the local police and crime branch claimed it was a case of suicide, but the case was handed over to the CBI a year later because 67 nuns, including Sister Banikasia, the Mother Superior, and the Nanaya Catholic Church, accused the then Chief Minister K. Karunakaran of It was written that the investigation was not going on properly.


What was in the charge sheet?
The CBI said in its charge sheet in 2009 that Sister Abhaya had seen Nun Safi, Father Kottur and Father Jose Poothrikkayil in an objectionable position. For this reason Father Kottur strangled Abhaya while Sister Sefi killed him with an axe. It seemed like a case of suicide, so the body was thrown into the well. Father Jose Poothrikkayil was released in 2018 for lack of evidence.

In the year 2020, the CBI Special Court imposed a fine of five lakh rupees while sentencing Nun Saifi and Father Kottur to life imprisonment. However, in June last year, the Kerala High Court stayed the sentence and granted bail to both.

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