LHC declares two-finger, hymen test of rape victims as illegal

The Lahore High Court Justice Ayesha A Malik ruled that two-finger and hymen tests of rape survivors as ‘illegal and unconstitutional’ in the petition challenging the virginity tests of rape survivors, reported 24NewsHD TV channel.

The 30-page verdict said, “Virginity testing is highly invasive, having no scientific or medical requirement, yet carried out in the name of medical protocols in sexual violence cases.” The “humiliating practice is used to cast suspicion on the victim, as opposed to focusing on the accused and the incident of sexual violence.”

The court has ordered that two-finger test and hymen tests carried out for the purpose of ascertaining the virginity of a rape survivor are unscientific and have no forensic value.

The verdict reads, “A virginity test offends the personal dignity of the female victim and therefore is against the right to life and right to dignity enshrined in Pakistani law.”

The verdict said that these tests are a blatant violation of the dignity of a woman. “The conclusion drawn from these tests about a woman’s sexual history and character is a direct attack on her dignity and leads to adverse effects on the social and cultural standing of a victim,” it further added.

It is pertinent to note that a group of women had moved the Lahore High Court on March 12, 2020. PML-N MPA Shaista Pervez Malik also filed a separate petition.