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.
