Abhaya: Accused nun questions virgnity test

The nuns plea comes close on the heels of the May 2010 order by a three-judge Supreme Court Bench headed by former Chief Justice K G Balakrishnan declaring invasive scientific tools used by law enforcement agencies against accused as unconstitutional and in violation of the right to privacy.

The CBI,however,maintains that the nun gave a written consent to the test,conducted on November 25,2008. The agency says no policemen/women accompanied her to the test in uniform,denies any prior mental torture,coercion on her and stresses there was no resistance from the nun. Nor did she complain immediately after the test,the CBI adds.

Sister Sephy had approached the Delhi High Court earlier this month,claiming that the 70-page CBI chargesheet in the case,filed before a Kerala court,referred to the test with vulgar remarks.

If the CBI had any respect for human dignity,they would not have paraded the petitioner (Sister Sephy) in her religious attire in a public place escorted by the police. They threw mud on the nun,degraded the petitioner and her community, her counsel Romy Chacko submitted.

The CBI says the nun was taken for her test to Government Alleppey Medical College during regular working hours and utmost care was taken by the CBI to maintain the dignity of the nun (without exposure to any media),and that she was taken there in her habit in keeping with her dignity as a nun. Even the medical college authorities were not given any prior intimation,it says,nor was there a single CBI officer present during the test.

The examination was conducted by the Professor and Head of Department of Obstetrics and Gynaecology and Professor and Head of the Department of Forensic Medicine,both lady doctors.

Countering Sephys claim that vulgar remarks were made against her,the CBI said it was merely recording the statements given by the two doctors that location of hymen orifice suggested surgical intervention possibly by hymenoplasty.

Previous forensic tests of the petitioner (Sephy) had indicated she,a nun,used to meet males in the night in ladies hostel,and her complicity with accused 1 and accused 2 (priests Father Thomas M Kottor and Father Jose Puthrukkayil). Since the suspected motive for the murder of another inmate,Abhaya,was linked with this sexual past of the petitioner,it was necessary to conduct the medical examination. It cannot be termed as torture, the CBI stated in its February affidavit.

No damage was done,so no compensation is due,the CBI says.

However,Sephy questions this theory. Abhaya died on 27.3.1992 and the medical examination was conducted 16 years thereafter. Any medical test conducted 16 years after the alleged incident of murder cannot prove as to whether the victim of medical/virginity test was a virgin on the day the alleged murder took place, she told the court.

Sephy also contested the CBIs claim that she slept peacefully after her virginity test: It is impossible for a nun subjected to virginity test and trial by media to sleep peacefully. CBI cannot measure the quantum of mental agony and trauma suffered by the petitioner.

Sister Sephy added that she was prepared to appear before a competent and impartial medical board to bring out the truth.