LHC declares virginity test method for rape victim illegal

LAHORE: The Lahore High Court (LHC) ruled on Monday that the virginity tests of rape survivors were "illegal and unconstitutional". The verdict was announced by Justice Ayesha A Malik in a petition, challenging the use and conduct of virginity tests. In the 30-page verdict, the judge observed that the test carried out for the purposes of ascertaining the virginity of a female victim of rape or sexual abuse is “unscientific having no medical basis. Therefore, it has no forensic value in cases of sexual violence.

“The practice goes against the right to life and right to dignity, enshrined in Article 9 and 14 of the Constitution, and it offends the personal dignity of the female victims.”

It was also ruled as being discriminatory against the female victim as they were carried out on the basis of their gender that offends Article 25 of the Constitution.

“Consequently to the extent that the 2020 guidelines, SOPs [standard operating procedures], and the 2015 instructions that mandate the test for the purposes of ascertaining the virginity of the victim have been declared illegal and against the Constitution,” the judgment read.

The judge directed the provincial government to take necessary steps to ensure that the practice of such virginity tests was banned from the medico-legal examination of the rape and sexual abuse survivors.

The judgment also ordered the provincial government to devise appropriate medico-legal protocols and guidelines, along with the SOPs, in line with international practice that recognises and manages sensitively the care of the victims.

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

“Pakistan is a signatory to, and ratified, many international protocols which prohibited all forms of discrimination against women and has stated that there is no medical or scientific basis for carrying out virginity testing in sexual abuse or rape cases, where the victim is a female.

“As per the International Covenant on Economic, Social and Cultural Rights, 1966, (which Pakistan has ratified), the test has been denounced for having adverse physical, psychological and socioeconomic consequences.

“These international obligations cast a responsibility on the government of Pakistan to ensure that all necessary steps are taken to prevent discrimination and specifically to prevent carrying out virginity testing, as globally it is accepted that virginity testing does not establish the offence of rape or sexual abuse nor does past sexual conduct have any relevance in the medico-legal examination which aims to collect evidence on the charge of sexual violence.”

The judge observed that Section 13 of the Anti-Rape (Investigation and Trial) Ordinance, 2020 specifically prohibits the previous practice of testing for the purposes of medico-legal examination of a victim. It also specifically provided that any evidence to show that the victim is of immoral character shall be inadmissible.

“Virginity testing is highly invasive, having no scientific or medical requirement. 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.

“Sexual violence/rape is the most heinous of crimes. It is an intrusion on the privacy and dignity of a woman and victim should be treated with care and caution,” the judgment concluded.