The virginity test of Sister Sefi, an accused in the 1992 Sister Abhaya murder case, has been declared wrong by the Delhi High Court. The High Court said in one of its important decisions that Sister Sefi is rightfully entitled to compensation. She can present her claim for this before the concerned authority.
Sister Abhaya was a 20 year old girl. She lived in St.Pious Xth Convent, Kottayam. On 27 March 1992, his body was found inside a well. The Kerala Police had accepted in its investigation that Abhaya had committed suicide. But when the case was handed over to the CBI, there was a twist in it. According to the CBI investigation, Sister Sefi was proved guilty.
The virginity test was revealed
The Kerala Police after its investigation had closed the Abhaya case as a suicide. But when there was hue and cry about it, the investigation was handed over to the CBI. The CBI did its own investigation. The needle of suspicion went towards Sister Sefi. According to the CBI’s theory, there was a physical relationship between Sister Sefi and another accused in the case, Father Kuttur. Abhaya was murdered to cover it up. Sister Sefi was convicted and sentenced to life imprisonment by the special CBI court. But the Kerala High Court stayed it. There was only one basis for holding Sister Sefi guilty. Her virginity test.
Sister Sefi appealed to the court in 2009, questioning the virginity test. The Delhi High Court in its judgment held that virginity test is not in accordance with Article 21 of the Constitution. The court said that Article 21 does not end even during deliberations. Whether Sister Sefi’s virginity test was done in police custody or in judicial custody. That is totally wrong. Court ordered Sister Sefi that she is entitled to appeal for compensation against it. Although the Center and the CBI objected to the decision of the Delhi High Court, the court said that the NHRC is in Delhi. That’s why there is no encroachment in it from anywhere.