The Lahore High Court has declared “two finger test and hymen test carried out for the purposes of ascertaining the virginity of a female victim of rape or sexual abuse” discriminatory and against the constitution of Pakistan.

In a ruling issued in response to a plea filed by women activists seeking a ban on the discriminatory practice, the court said: “It is declared that two finger test and the hymen test carried out for the purposes of ascertaining the virginity of a female victim of rape or sexual abuse is unscientific having no medical basis, therefore it has no forensic value in cases of sexual violence.”

The plea had argued that the virginity tests are “neither necessary nor reliable or relevant for the purpose of investigation into the incident of rape or sexual abuse”.

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The court said the test “offends the personal dignity of the female victim and therefore is against the right to life and right to dignity enshrined in Article 9 and 14 of the constitution”. It further said the hymen test also discriminates against women as it is carried out on the basis of gender.

The judgement written by Justice Ayesha Malik noted that the hymen test can be carried if it is “warranted medically or for treatment purposes” and the medical officer must “stipulate the reasons” for carrying out this test.

In a reference to a recent anti-rape ordinance by the federal government, the court said: “Notwithstanding the promulgation of 2020 Ordinance
which specifically prohibits the two finger test by way of Section 13, the federal government has taken no steps to enforce the requirements of the 2020 Ordinance or any steps to create awareness and training in order to change the habits of the medico-legal officers in carrying out the virginity test.”

It said the practice is ingrained in the processes of the medico-legal examination which cannot be ended without proper training and awareness. According to the LHC, the federation and provincial government should take necessary steps to ensure that virginity tests are not carried out in medicolegal examination of the victims of rape and sexual abuse.