Pakistan Court Bans Virginity Tests For Rape Survivors
Islamabad, Pakistan – A Pakistani court has banned the use of virginity tests on female rape survivors in a landmark ruling that is being lauded by women’s rights activists.
The Lahore High Court on Monday ruled that the tests, conducted as a matter of routine by medico-legal examiners in rape cases across the South Asian country, were “invasive and an infringement on the privacy of a woman to her body”.
“Virginity testing is highly invasive, having no scientific or medical requirement, yet carried out in the name of medical protocols in sexual violence cases,” reads the verdict issued by Justice Ayesha A Malik.
“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.”
Justice Malik ordered the immediate suspension of the practice – which is not mandated explicitly in Pakistani law or legal procedure, but remains a routine part of rape investigations – across the country and ordered authorities to develop new protocols.
The current protocols involve a so-called “two-finger test”, wherein a medical examiner, usually but not always female, examines the hymen and vaginal area of rape survivors to establish whether or not they are virgins.
According to a 2018 United Nations report, virginity tests are still widely practised in at least 20 countries worldwide, even though they may be illegal in those jurisdictions.
A joint statement by the UN Human Rights division, UN Women and the World Health Organization held that the use of the virginity test in rape cases was often used to impugn the dignity of the survivor.