The High Court of Lahore, in the province of Punjab, declared the practice illegal on Monday, saying it “has no medical basis” and “offends the personal dignity of the female victim and is therefore against the right to life and the right to dignity “.
So-called virginity tests, which include inspecting the hymen or inserting two fingers into the vagina, are invasive tests performed under the belief that they can determine whether a woman is a virgin. They are a longstanding tradition in many regions of the world – including Pakistan – to assess a girl or woman’s “honor or virtue”, according to the World Health Organization.
The United Nations describes virginity tests as having no scientific or medical basis and considers them a violation of human rights. Women and girls can be forced to take the tests, which “are often painful, humiliating and traumatic” and can suffer psychological, physical and social consequences, especially in cases of rape, according to the WHO.
Two petitions filed in Lahore in March and June 2020 were filed by a group of women’s rights activists, academics, journalists, defenders and a member of the National Assembly, seeking to ban these tests for rape survivors. They argued that the tests are not scientific, they are intrusive, degrading and a source of re-traumatization.
“The virginity test is highly invasive, with no scientific or medical requirement, but performed in the name of medical protocols in cases of sexual violence. It is a humiliating practice, which serves to raise suspicions about the victim, rather than focusing on the accused and the sexual violence incident, “Malik said in court documents.
Sahar Bandial, a lawyer at the Lahore High Court and one of the lawyers who filed the petition, said the verdict will have broader cultural implications.
“This is very important because a lot of emphasis has been placed on our culture, as the hymen signifies the purity of a woman,” said Bandial. She added that the women who were tested had been accused of being “used to sex” and made conclusions about their previous sexual history.
“There is an inference that the woman has easy virtues and has probably consented to sexual activity,” she said.
“My hope is that the system will become more sensitive to rape victims; the experience of having to undergo a penetration test again is rheumatizing for a rape victim. I hope that this trial will make the justice system a more responsive and safe for women go out and speak out against violence, “said Bandial.
In November, the Punjab government banned so-called “two-finger” testing by medical examiners in cases of rape after the petitions were challenged in the courts. Monday’s decision enshrines this and goes further, including all virginity tests.
In a statement, the petitioners said it was “a welcome development and a very necessary step in the right direction to improve investigative and judicial processes and make them more just for victims of rape and sexual assault”.