JUDGMENT

Index to the Judgment

A. Factual Backdrop

B. Maintainability of Petition

i. Preliminary Objections of Respondents

ii. Contentions on behalf of Petitioner

iii. Findings of this Court

C. The Constitutional Validity of Virginity Test conducted upon a Female Accused under Investigation

i. The Case of Petitioner

ii. Submissions on behalf of Respondents

iii. Analysis and Findings

a. Indian Precedents

b. International Perspective on Virginity Test

c. Whether "Virginity Test" is covered under Section 53 of Code of Criminal Procedure, 1973

d. Custodial Dignity vs. Constitutional Validity of Virginity Test

e. Virginity Test: Victim vs. Accused

D. Conclusion and Directions

Swarana Kanta Sharma, J. This Court vide this judgment examines the following grave question of law:

"Whether virginity test conducted on a female in police custody during investigation is in violation of her fundamental right under Article 21 of the Constitution of India"

2. The petitioner before this Court, by way of present petition, has sought the following prayers:

"a) issue a declaration that the conduct of `Virginity test' on the Petitioner by the Respondent-CBI is unconstitutional and against the tenets of Fundamental Rights