• About
  • Team
  • Advertise
  • Terms
  • Privacy Policy
  • Contact
INCPak
  • World
  • National
    • Islamabad
    • Azad Kashmir
    • Balochistan
    • Khyber Pakhtunkhwa
    • Gilgit Baltistan
    • Sindh
    • Punjab
    • FATA
  • Automotive
  • Tech
    • Tech News
    • Custom Roms
    • Tips & Tricks
    • INCPak Roms
    • Reviews
    • Phone Reviews
    • Stock ROMs
    • What’s new?
    • Computer Stuff
  • Business
  • Education
  • Entertainment
  • Information
  • Fashion
  • More
    • Fun Time
      • Kids Corner
      • Poems
      • Stories
    • Health
    • Editorial
    • Travel
    • Beauty
    • Food
    • Music
    • Movies
    • Sports
    • Documentaries
    • Personalities
    • History
    • Economy
    • Emergency Numbers
No Result
View All Result
  • World
  • National
    • Islamabad
    • Azad Kashmir
    • Balochistan
    • Khyber Pakhtunkhwa
    • Gilgit Baltistan
    • Sindh
    • Punjab
    • FATA
  • Automotive
  • Tech
    • Tech News
    • Custom Roms
    • Tips & Tricks
    • INCPak Roms
    • Reviews
    • Phone Reviews
    • Stock ROMs
    • What’s new?
    • Computer Stuff
  • Business
  • Education
  • Entertainment
  • Information
  • Fashion
  • More
    • Fun Time
      • Kids Corner
      • Poems
      • Stories
    • Health
    • Editorial
    • Travel
    • Beauty
    • Food
    • Music
    • Movies
    • Sports
    • Documentaries
    • Personalities
    • History
    • Economy
    • Emergency Numbers
No Result
View All Result
INCPak
No Result
View All Result

LHC bans two-finger virginity test for rape victims

by Ali Gulrez
Jan 5, 2021
in National, Punjab
0

The Lahore High Court (LHC) has banned two-finger virginity tests (TFT) for examination of rape victims while terming the entire practice as “illegal and unconstitutional” in the 30-page judgement by Justice Ayesha A Malik.

Virginity Test, Two Finger Virginity Test, Two Finger Test, LHC Virginity Test, Lahore High Court, Hymen Test
LHC bans two-finger virginity test for rape victims.

In the 30-page verdict of a petition challenging the two-finger virginity and hymen tests of rape survivors, the judge wrote that this practice is “offends the dignity of the female victim” and was contradictory to Article 9 and Article 14 of the Constitution, which protects the right to life and right to dignity of a person.

The judge called the these barbaric tests discriminatory as they are carried out of the basis of the gender of the rape victim which contradicts Article 25 of the Constitution.

Justice Ayesha A Malik emphasized in her verdict that “virginity testing is highly invasive, having no scientific or medical requirement, yet carried out in the name of medical protocols in sexual violence cases.”

She noted that the “humiliating practice is used to cast suspicion on the victim, as opposed to focusing on the accused and the incident of sexual violence.”

The judge directed the federal and provincial governments to end this unnecessary practice and “ensure that virginity tests are not carried out in medico-legal examination of the victims of rape and sexual abuse”.

She also directed the Punjab government to devise an “appropriate medico-legal protocol and guidelines” in line with international practices which signify the need to “recognize and manage sensitively the care of victims of sexual violence”.

“This includes regular training and awareness programmes so that all stakeholders understand that virginity tests have no clinical or forensic value,” the Judge wrote in the verdict.

She emphasized the need to investigate rape cases on the basis of whether the accused person raped the survivor or not rather than looking into the victim’s sexual past.

“If the victim is found to not be a virgin it cannot and does not suggest that she was not raped or sexually abused.” she added in her verdict.

“The victim’s sexual behaviour is totally irrelevant as even the most promiscuous victim does not deserve to be raped, nor should the incident of sexual violence be decided on the basis of a virginity test,” she added in her 30-page judgement.

The petition was originally filed by PML-N member of the National Assembly Shaista Pervez Malik, including several women rights activists, journalists and advocates. Some of them included Sadaf Aziz, Farida Shaheed, Farah Zia, Sarah Zaman, Maliha Zia Lari, Dr Aisha Babar and Zainab Husain.

Farieha Aziz who was also part of the petition also took to Twitter informing about the verdict.

The judgment in our petition challenging the two-finger and hymen tests was announced today. The two finger and hymen tests have been declared illegal and unconstitutional. You can read the complete judgment here:https://t.co/imI3EBKwDb pic.twitter.com/ZweaxEIooF

— Farieha Aziz (@FariehaAziz) January 4, 2021

Read more: HRW calls for ban on ‘Two Finger Virginity Test’ in Pakistan.

About Virginity Tests

In Pakistan, there is an assumption that a woman needs to be a virgin in order to be raped and these two-finger virginity tests are carried out to determine whether the victim was sexually active prior to the assualt.

However, these tests have no scientific or medical standing and cannot determine whether or not a woman had sexual intercourse prior to being raped. Such a practice is even banned in India and Bangladesh.

During the two-finger virginity test, it is first determined whether the hymen of a woman is torn or not. A torn hymen is considered to be an indication of sexual activity which is highly untrue.

There are a number of reasons why a hymen of a women can be torn, including physical activity, bike riding, horse-riding and several other scenarios while in no way it clarifies anything regarding the sexual abuse which would automatically result in a torn hymen.

The test further the size and ‘natural elasticity’ of the vaginal opening of a woman. This test assumes that if a vagina can admit two fingers or more then the woman was previously sexually active while focusing on the victim’s past and less on the rape itself.

It is pertinent to mention that in Pakistan we are testing the natural elasticity of a vagina (which is different for each individual) to determine whether someone is rape or not.

However, the judge noted that. “Neither the size of the vaginal opening, nor the ease with which the fingers can be admitted, or the state of the hymen are medically sound indications of prior sexual activity,”

“The premise of the tests is flawed because of the underlying assumption that only the overt use of force can result in a lack of consent to a sexual encounter and [women] who have suffered as a result of covert use of force should be presumed to have consented,” the verdict added.

Follow us on Facebook / Twitter / Instagram  for update.

Tags: FeaturedHymen TestLHC Virginity TestTwo Finger TestTwo Finger TestingTwo Finger Virginity TestVirginity TestVirginity Testing
ShareTweetSend

Related Posts

Weather Update, PMD, Rain
Islamabad

Weather Update – PMD Predicts Another Rain Spell From September 28

Sep 27, 2023
Urea Hoarders, Urea Smuggling, Urea Crackdown
Islamabad

Govt Starts Crackdown on Urea Hoarders and Smuggling to Provide Farmers Relief

Sep 27, 2023
Punjab School Holiday, Punjab Schools Closed, Lahore School Holiday, Lahore Schools Closed
Education

Punjab Announces School Holiday Due to Pink Eye Infection

Sep 27, 2023
Islamabad Traffic Fines, Islamabad Traffic Fine
Islamabad

Islamabad Traffic Fines Get Massive Hike

Sep 27, 2023
Sindh Minimum Wages, Sindh Wages Factory Workers, Factory Workers Wages
National

Sindh Raises Minimum Wages of Factory Workers

Sep 26, 2023
Lahore Helmet, Helmet, Lahore Main Roads
National

Lahore Bans Motorcycle Riders Without Helmet From Using Main Roads

Sep 26, 2023
Injection Blindness, Punjab, Local Injection Blindness
National

Punjab Govt Bans Locally-Made Injection for Causing Blindness

Sep 25, 2023
Imran Riaz Khan
Islamabad

Imran Riaz Khan Returns Home After Nearly 5 Months

Sep 25, 2023
Load More

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Latest News

  • Weather Update – PMD Predicts Another Rain Spell From September 28
  • PTCL Group Collaborates With ConnectHear to Conduct Sign Language Training
  • Govt Starts Crackdown on Urea Hoarders and Smuggling to Provide Farmers Relief
  • PayPal and Stripe to Hold Talks With Pakistan Govt Next Week
  • Punjab Announces School Holiday Due to Pink Eye Infection
  • SBP Interbank Closing Currency Exchange Rates in Pakistan – 27 September 2023
  • Islamabad Traffic Fines Get Massive Hike
  • GBP to PKR – British Pound Rate in Pakistan Today – 27 September 2023
  • EUR to PKR – Euro Rate in Pakistan Today – 27 September 2023
  • OMR to PKR – Omani Rial Rate in Pakistan Today – 27 September 2023

INCPak Official logo

INCPak Official Logo
Independent News Coverage Pakistan (INCPAK) delivers the latest updated news on Current Affairs, Business, Sports, Entertainment, and Technology in Pakistan

Download apps

For daily gold rate updates, you can download our apps for Pakistan, United Arab Emirates, and Saudi Arabia (KSA) from the Google Play Store. We provide daily gold rate updates with historical data and a Gold Rate Calculator.

Gold Rate in Pakistan

Trending

  • Petrol Prices in Pakistan
  • USD to PKR Rates
  • MTMIS – Online Vehicle Verification
  • Ehsaas Program
  • Punjab Rozgar Scheme
  • Naya Pakistan Housing Program
  • Mera Pakistan Mera Ghar Loan
  • About
  • Team
  • Advertise
  • Terms
  • Privacy Policy
  • Contact

© 2023 Independent News Coverage Pakistan

No Result
View All Result
  • World
  • National
    • Islamabad
    • Azad Kashmir
    • Balochistan
    • Khyber Pakhtunkhwa
    • Gilgit Baltistan
    • Sindh
    • Punjab
    • FATA
  • Automotive
  • Tech
    • Tech News
    • Custom Roms
    • Tips & Tricks
    • INCPak Roms
    • Reviews
    • Phone Reviews
    • Stock ROMs
    • What’s new?
    • Computer Stuff
  • Business
  • Education
  • Entertainment
  • Information
  • Fashion
  • More
    • Fun Time
      • Kids Corner
      • Poems
      • Stories
    • Health
    • Editorial
    • Travel
    • Beauty
    • Food
    • Music
    • Movies
    • Sports
    • Documentaries
    • Personalities
    • History
    • Economy
    • Emergency Numbers

© 2023 Independent News Coverage Pakistan