Any individual who identifies themselves as a woman has to face intruding and deeply patriarchial questions that constantly plague and restrict their autonomy and decisions. Our country’s emphasis on the need to determine the chastity or purity of a woman is deeply insensitive and regressive. One of the most common ways in which the worthiness of a woman, her character, and her place in society is decided mainly happens through an outdated practice of determining a woman's virginity. A virginity test is a practice of determining whether a girl or woman is a virgin, i.e., to determine that she has ever had sex. The test typically is a check for the presence of an intact hymen, and is based on the untrue assumption that it can only be torn during sex.  

 

The test serves as a violation of human rights as it is the invasive genital exam on women that is often forceful or done without their consent. The test stems from gender and power inequality with a singular notion that women and girls are mere objects or properties of the men (i.e., Father, Husband, or Partner). Hence, they are controlled and dictated upon. Purity adds more to the conceived value of the woman.  

 

The myth of virginity has been used as a powerful tool for centuries to control a woman’s sexuality and freedom of sexual expression and choice regarding her sexual and reproductive health across religions, cultures, and states in India and around the world. Many cultures still require proof of a bride’s virginity before her marriage. This proof, is traditionally placed in the intact hymen, which is verified by blood in bed after sex – also known as ‘consummation of the marriage’.  

 

There are honor killings and social exclusion instances if the woman does not bleed during her wedding night. In cases of rape and sexual abuse/violation, survivors are subjected to degrading tests to ascertain the virginity of the survivor.  

The two-finger test, also known as “Per Vaginal (PV) Examination” or simply the test of a woman's virginity is an inhumane test conducted by medical practitioners. This test is performed on women who have lodged a complaint of rape and have reported bleeding or discharge after rape or sexual assault.   

 

There are communities in India like the Kanjarbhat community where the white sheet test is traditionally practiced. Here, the couple is forced to have sexual intercourse on their wedding night to check whether the bride bleeds on the wedding night, and it is inspected the following day. If the bride fails the test, she would be subjected to social scrutiny and even death.  

 

Our patriarchal society continues to reason about how virginity defines and determines women’s status.  

 

Virginity is a profoundly sexist concept that puts the onus of blame on women to prove themselves through inhumane tests. In contrast, men are free from judgment when it comes to virginity. The examination can result in pain, humiliation, and trauma for the survivor. The tests are not neceseccary and are potentially harmful. Therefore, it is unethical for doctors or other health providers to undertake them. Virginity tests deeply affect a woman’s psychological, physical, and mental suffering. When these tests are carried out without the survivors’ consent, they can also be a form of rape, sexual assault, and gross human rights violations.  

 

Also, the compulsive urge to assume that sex can only be penetrative disregards other forms of sexuality.  

 

Certain instances deeply reflect the socio-cultural implications of virginity, like the man from Nashik who abandoned his wife after she failed the virginity test. Or, the man in Bengaluru who conducted the test on his wife without her knowledge just because she was throwing up post-marriage.  

 

Many women resort to procedures like hymenoplasty and fake hymens to reconstruct virginity to avoid exclusion and being branded impure. The lack of sex education is a cause of concern as the understanding of consent, respect, and sexuality is dismally low in individuals' consciousness. However, we can see a ray of hope in terms of how the judiciary is looking at the archaic practice of virginity tests. After the infamous Nirbhaya case, the rape laws in India have undergone several changes. One of them is the landmark judgment of  Lillu and Rajesh, where the SC felt that the Virginity tests on rape victims violate their privacy rights. The SC hence advised government to come up with better ways. A result of it was that the Indian Council of Medical Research (ICMR), along with the Department of Health Research (DHR) set up standard guidelines to supervise the sexual assault cases. These guidelines aim at preventing the medical practitioners from conducting Virginity tests on rape victims.  

 

The effects of SC’s 2013 judgment can be observed in the Gujarat HC case where after 25 years, the HC overruled its previous judgment stating that “Two-finger-test is unconstitutional. It violates the right of the victim to privacy, physical and mental integrity, and dignity.”  

 

The United Nations last year urged all countries to ban the practice of virginity tests. The World Health Organization (WHO) also recommended that virginity tests “should not be conducted under any circumstances”.The virginity tests also go against Article 21 of our constitution that states “No person shall be deprived of his life or personal liberty except according to procedure established by law.”  

 

The landscape of Indian understanding of virginity is radically changing with increased acceptance and awareness of sex education. Cinema and popular culture have started to show progressive notions highlighting feminism, reclaiming sexuality and freedom.  

 

A group of around 40 youngsters from across Maharashtra came together under the banner ‘Stop the V-ritual’, against the horrifying practice of virginity tests in the Kanjarbhat community.  

 

There are other instances of various organizations and individuals standing against the harmful practice bringing the much-needed discussion about breaking rigid social constructs, too!  

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