QUESTION:

Sister Sephy’s virginity test is declared to be unconstitutional by the Delhi High court. Do you think the whole case proceedings were simple attempts to make scapegoats being fully aware there is no proof to prosecute?

ANSWER: Bp Sebastian Adayanthrath, Mandya

It is an indication that the police system uses any means to prove their point, often not taking into consideration the hum- an dignity of the person. They could be led by popular reaction and with an obsession to present evidence to prove their point. The high court has upheld the human dignity and privacy of women saying that there are other means, which are highly noble, to provide evidence to prove a case. In a similar context, the apex court of the country reiterated its verdict that the two-finger test violates a woman’s right to privacy and asked the government to provide better medical procedures to confirm sexual assault. These are the most welcome signs. We should re-member that Article 21 confirms protection of life and liberty for a person who remains in detention. In the present case, a virginity test was conducted during the detention period. She had expressed her unwillingness to do it but she was pushed into that situation and one can imagine the trauma she had gone through when this process was done and the public came to know about it. It is against her personal liberty. My gut feeling is that this verdict will have far-reaching implications in our attempt to become more and more a civil society and uphold the dignity of a human person even in those situations when one has committed something wrong.