NEWS: Lahore HC Says “Two-Finger Tests” are Unconstitutional, Citing Indian Judgments

By Legal Wires 3 Minutes Read

The Lahore high court has held that the so-called ‘virginity tests’ such as the ‘two-finger test’ and the hymen test carried out on victims of rape and sexual assault are unconstitutional.

Justice Ayesha A. Malik held that such tests were discriminatory and against the right to life and right to dignity enshrined in the constitution of Pakistan.

The Court Held: “The virginity test by its very nature is invasive and an infringement on the privacy of a woman to her body. It is 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,”

The Court referred to the Indian Supreme Court Judgment in Rajesh & another v State of Haryana the apex court had held that the ‘two-finger test’ and its interpretation violates the right of rape survivors to privacy, physical and mental integrity, and dignity. It held that there was a consensus that ‘virginity tests’ like the ‘two-finger test’ and hymen test could not indicate definitively that there was any sexual violence.

Also, Lahore High Court referred from Allahabad and Gujarat High Courts Judgments. The Court while disposing the matter challenging the use and conduct of virginity tests said:  “These courts have all held that there is no scientific or medical basis to carry out virginity testing in the form of two finger test or to rely on the status of the hymen whether it is torn or intact as it has no relevance to the investigation into the incident of rape or sexual abuse,”

The Lahore High Court asked the government to make such tests ‘illegal’ and said the government must make a ‘concerted effort’ to ensure that such practice does not take happens to continue.

Legal Wires

Team @LegalWires

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