Constitution of India, 1950
Article 21—Right to life—Virginity test conducted on a female accused under investigation—Constitutional validity—The virginity test conducted on a female detainee, accused under investigation, or in custody, whether judicial or police, is declared unconstitutional and in violation of Article 21 of the Constitution which includes right to dignity.
[Para 91]
Articles 226 & 227—Writ—Maintainability—Petitioner challenging constitutional validity of virginity test conducted on a female accused under investigation—Plea of CBI that since appeal of petitioner against her conviction is pending before the High Court of Kerala and trial is still undergoing as an appeal against conviction is considered as continuation of trial court proceedings, the Delhi High Court has no jurisdiction to entertain the present petition—As per mandate of Article 226(1) of the Constitution of India, the Delhi High Court has the jurisdiction to entertain the present petition since the relief sought as per prayer clauses is against the respondents i.e. Union of India, Central Bureau of Investigation and National Human Rights Commission, whose head quarters are situated within the jurisdiction of the Delhi High Court—Even cause of action for filing present petition i.e. inaction of the respondents to provide relief to the petitioner and rejection of representation of the petitioner also arose within the jurisdiction of this court—Fact that the petitioner is not challenging the outcome of the said test before this court as than can be only challenged as per law before the trial court—Prayer of petitioner was separate from issue pending before the High Court of Kerala—Petition held to be maintainable.
[Paras 25 to 31]