The Lahore High Court in Punjab province declared the practice illegal on Monday, saying it has “no medical grounds” and “offends the personal dignity of the woman victim and is therefore against the right to life and dignity.”
So-called virginity tests, which include inspecting the hymen or inserting two fingers into the vagina, are invasive examinations performed under the belief that they can determine if a woman is a virgin. These are a long-standing tradition in many parts of the world – including Pakistan – to value the “honor or virtue” of a girl or woman, 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 may be forced to take part in 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 introduced by a group of women’s rights activists, academics, journalists, lawyers and a member of the National Assembly, who sought to ban such tests for rape survivors. They claimed that the tests were unscientific, intrusive, degrading and a source of re-trauma.
“Virginity testing is extremely invasive, has no scientific or medical requirements, but is performed on behalf of medical protocols 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, “Malik said in court documents.
Sahar Bandial, a Lahore High Court lawyer and one of the lawyers who filed the petition, said the verdict would have wider cultural implications.
“This is so important because so much emphasis has been placed on our culture that the hymen is the meaning of a woman’s purity,” Bandial said. She added that the women who were tested were accused of being “used to having sex” and came to conclusions about their past sexual history.
“There is a deduction that a woman has a slight virtue and is likely to have consented to sexual activity,” she said.
“My hope is that the system will become more sensitive to rape victims; the experience of going through a penetrating test again is traumatic for a rape victim. I hope this judgment makes the justice system a more receptive and safer place for women. “Go out and speak out against violence,” Bandial said.
In November, the Punjab government banned the so-called “two-fingered” test by medical examiners in rape cases, following provocations in court. Monday’s ruling enshrines this and goes further by including all virginity tests.
In a statement, the petitioners stated that it was a “welcome development and such a necessary step in the right direction to improve the investigation and justice processes and make them more equitable for victims of rape and sexual assault”.