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In certain cultures, bedsheets are examined the morning after a wedding night to look for bloodstains that are claimed to show the bride’s virginity.
Blood or sheet rituals are a part of the orthodox traditions of virginity testing, which aims to produce evidence that a bride’s sexual relationship with her new husband is her first sexual experience: According to reports, the blood on the linens is evidence that the woman’s hymen was “broken” on the night of her wedding.
The focus on female virginity in blood rituals is a very humiliating experience for the newly wed bride. This gendered double standard reflects the low position of women in society.
Have you ever heard that male virginity is required to be demonstrated. Is Virginity one of many ways patriarchy gets enforced in our culture. Is this a method for women’s sexuality to be controlled by the males in her culture, surprisingly such rituals are enforced by the Mother-In-Law, Sister-In-Law and other females of the household. Clearly the questions that comes up that needs to be answered, is one woman engaged in outraging the modesty of another women.
Unfortunately, in some societies in India, if a newlywed bride or her family declines to take the test, they such person and family suffers social boycott and exclusion in their neighbourhood as an outcast. Further to such humiliation, if the girl does not bleed, she is subjected to physical abuse, name called, body shamed and also a divorce. The National Commission for Women (NCW) has declared such practice to be regressive, misogynistic, and violating women’s fundamental human rights and dignity.
Legal Remedies the Women or her Family Members Can Exercise
Not only do these kinds of traditions and virginity tests contravene Article 21 of the Indian Constitution, but also Articles 14 and 15. The right to life and the right to personal freedom are now protected under Article 21. Courts have ruled in several situations that “life” includes not only “food and drink,” but also “dignity, freedom, privacy, etc.” According to Indian law, subjecting someone to a virginity test in the name of custom or tradition is a direct attack on that person’s self-esteem.
If you happen to be a victim of such custom or tradition, or if you are forced by your spouse of in-laws to meet a gynaecologist or a medica practitioner to conduct a Two Finger Test you can press both Civil and Criminal charges against such people and the remedy shall be in the form of Compensation and once the criminal charges are proven, they can be imprisoned for a term extending up to 7 years or more.
Section 375 of the IPC has recently been amended to read virginity testing as Rape which hurts the woman’s body and done without her consent or as coerced by in-laws and husband, “It was determined in The State of Jharkhand vs. Shailendra Kumar Rai that the invasive and upsetting practise of virginity testing should be eliminated from medical study materials, and that anyone found to have performed such a test should face severe punishment and be considered to have engaged in professional misconduct.
In one another instance, just because the wife wanted a divorce, the matter of Surjit Singh Thind v. Kanwaljit Kaur, the husband wanted to display her virginity test. Since such test breaches a woman’s right to privacy and her right to live with dignity, the court rejected the husband’s motion in accordance with Article 21 of the Indian Constitution.
A lady in Rajasthan is said to have been beaten by her in-laws after failing a virginity test on the first day of her marriage. She was subjected to Khap Panchyat that asked her family to pay INR 10,00,000 (Rupees Ten Lakhs). An FIR was launched under section 498a (Matrimonial Cruelty), 384(Extortion), 509 (Insulting the Modesty of Women) and 120B (Criminal conspiracy). The Investigation further revelied that the Bride was raped by a neighbour before marriage and a rape case under section 376 was also registered.
In the city of Kholapur, another incident was reported where two sisters filed an FIR against their in-laws for torturing the newly wed bride who failed the White Bed Sheet test. The husband demanded for an annulment of marriage on the grounds of not passing the virginity test, the bride also alleged that the family gave death threats and the husband also tried to hang the girl to the fan and attempted to kill her but she survived. She alleged that the husband also threatened that he will get her raped by some goons in Belgaum district and often abated her to coming suicide, such followed character assignation and name calling. Her mother-in-law too subjected the girl to severe verbal abuses, used to pinch her, shove her and physically abused her. The Mother-In-Law also used to say, her son will be remarried and there are girls who are willing to pay huge dowry, gold and a car too.
In addition to the numerous virginity tests conducted in India, there is also the “Paani ki Dheej” (purity by water) or “Agnipariksha” test (trial by fire). In the purity test using water, the lady is required to hold her breath while another person walks 100 steps. In Agnipariksha test the woman is subjected to walk with red hot iron in her hands. There are other forms of secondary tests to prove her virginity if the White bedsheet test fails. All such are not only tortures for the woman, but also forms of various abuses which are punishable offences.
Conclusion
The Woman who is subjected by her in-laws and spouse to such tests or is humiliated finds remedy under the Protection of Woman from Domestic Violence ACT and also various criminal charges can be pressed against the husband and in-laws. Once proven they can be imprisoned with punishment extending from as less as 6 months and up to 10+ years.
Feel free to write to us at mail@lawyersonia.com or call +91 9845944896 if you wish to consult or discuss your matter. “Sonia and Partners” is a Boutique law firm led by Adv. Sonia Rajesh supported by a team of qualified and among the Best Lawyers in Bangalore practicing in the area of Criminal defence serving Citizens of India, Overseas Indians, NRIs and Global International Clients.
