LAHORE: The Lahore High Court on Monday declared old mode of hymen examination (two-finger) test of rape survivors as illegal and unconstitutional and directed the provincial government to take necessary steps to ban the practice.

The court passed these directions in response to a petition challenging the use and conduct of old virginity tests and held, "Virginity testing is highly invasive, having no scientific or medical requirement 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."

"It is a humiliating practice, which is used to cast suspicion on the victim, as opposed to focusing on the accused and the incident of sexual violence.

"The practice goes against the right to life and right to dignity enshrined in Article 9 and 14 of the Constitution, and that it "offends the personal dignity of the female victim."

It was 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.

"Pakistan is a signatory to and ratified many international protocols which prohibited all forms of discrimination against women and has stated that there is no medical or scientific basis for carrying out virginity testing in sexual abuse or rape cases, where the victim is a female.

As per the International Covenant on Economic, Social and Cultural Rights, 1966, (which Pakistan has ratified), two-finger test has been denounced for having adverse physical, psychological and socioeconomic consequences.

Copyright Business Recorder, 2021