The High Court in Lahore in Punjab province declared the practice illegal by saying that it has ‘no medical basis’ and that it insults the personal dignity of the female victim and is therefore 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 examinations under the belief that they can determine if a woman is a virgin. It is a long-standing tradition in many regions around the world – including Pakistan – to judge a girl’s or woman’s “honor or virtue”, according to the World Health Organization.
The United Nations describes virginity testing as not a scientific or medical basis and considers it a human rights violation. Women and girls can be forced to undergo the tests, which are “often painful, humiliating and traumatic” and, according to WHO, can have psychological, physical and social consequences, especially in cases of rape.
Two petitions filed in Lahore in March and June 2020 were filed by a group of women rights activists, academics, journalists, lawyers and a member of the National Assembly to ban such tests for rape survivors. They argued that the tests were unscientific, intrusive, derogatory and a source of re-traumatization.
“Virginity tests are very invasive, without scientific or medical requirements, but are performed in the name of medical protocols in cases of sexual violence. This is a humiliating practice used to give the victim suspicion, as opposed to focusing on the accused and the incident of sexual violence, “Malik said in court documents.
Sahar Bandial, a lawyer for the Lahore High Court and one of the lawyers who filed the petition, said the ruling would have wider cultural implications.
“This is so important because there has been so much emphasis in our culture, as virginity means the purity of a woman,” Bandial said. She added that women who were subjected to the tests were accused of being ‘accustomed to sex’ and of drawing conclusions about their sexual history in the past.
“There is a inference that the woman had easy virtue and 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 penetrating test again is rheumatizing for a rape victim. I hope this ruling makes the justice system a more responsive and safer place for women to come out and speak out against violence, ‘Bandial said.
In November, the Punjab government banned the so-called ‘two-finger’ test by medical investigators in rape cases, following the petition’s protest in the courts. Monday’s ruling entrenches this and goes further by including all virginity tests.
In a statement, the submitters said it was a “welcome development and a much-needed step in the right direction to improve the investigative and judicial processes and make it fairer for victims of rape and sexual assault.”