The Lahore High Court ruled on Monday that the two-finger and hymen tests of rape survivors were “illegal and unconstitutional”.
The verdict announced by LHC judge Justice Ayesha A Malik in a petition challenging the virginity tests of rape survivors.
The 30-page verdict stated that the testing methods were “unscientific having no medical basis; therefore it has no forensic value in cases of sexual violence.”
According to the judgment, the practice goes against the right to life; right to dignity enshrined in Article 9 and 14 of the Constitution, and that it “offends the personal dignity of the female victim.”
It also ruled as being discriminatory against the female victim; as they were carried out on the basis of their gender that offends Article 25 of the Constitution.
“Consequently to the extent that the 2020 guidelines, SOPs. And the 2015 instructions that mandate the two-finger test or the hymen test for the purposes of ascertaining the virginity of the victim have been declared illegal and against the Constitution,” the judgment read.
Virginity-test-verdict
Rape and sexual abuse survivors
The judge directed the provincial government to take necessary steps to ensure that the practice of such virginity tests banned from the medico-legal examination of the rape and sexual abuse survivors.
The judgment also ordered the provincial government to devise appropriate medico-legal protocols and guidelines, along with SOPs, in line with the international practice that recognizes and manages sensitively the care of the victims.
“This includes regular training and awareness programs so that all stakeholders understand that virginity tests have no clinical or forensic value,” the verdict concluded.
Through counsels @SameerKhosa & Maria Farooq, some of us have petitioned the LHC to declare unconstitutional the two-finger and virginity tests victims/survivors of sexual assault and rape are subjected to. Petition in link below:https://t.co/RybXUDa6H5
— Farieha Aziz (@FariehaAziz) March 11, 2020
‘Already banned’
Federal Minister for Human Rights Shireen Mazari also welcomed the LHC’s judgment.
However, the federal minister added that “the anti-rape ordinance had already banned this test and it is applicable across the country.”
welcome decision but earlier the anti-rape ordinance already banned this test and it is applicable across the country. https://t.co/0ytxERjalY
— Shireen Mazari (@ShireenMazari1) January 4, 2021
Earlier in December, President Dr. Arif Alvi approved the government’s “stringent” and “holistic” Anti-Rape (Investigation and Trial) Ordinance, 2020; to help expedite cases of sexual abuse against women and children.
Under this ordinance, special courts are to set up across the country; to expedite trials and cases of rape at the earliest. The courts are to deal with rape cases within four months.
The law abolishes the inhumane and degrading two-finger virginity testing for rape victims; during the medico-legal examination and eliminates any attachment of probative value to it.
Moreover, the ordinance maintains that the prime minister is to look over the establishment of anti-rape crisis cells; authorized to conduct medico-legal examinations within six hours of the incident.
The ordinance also includes the establishment of a sex offenders’ registry; at the national level with the help of the National Database & Registration Authority (NADRA). It also prohibits the identification of rape victims and makes it a punishable offense.