Two-Finger Test Banned By LHC
After much debate, and several petitions, the Lahore High Court has finally announced its verdict and ordered to ban the two-finger test.
Upon previous debate by the Federal Court whether the two-finger test or the virginity test should be banned or not, the Lahore High Court (LHC) has announced that the two-finger test for sexual assault victims shall no longer take place and is banned.
LHC declared the two-finger test as “illegal and against the Constitution.” A single bench led by Justice Ayesha A Malik announced the judgment in a set of petitions filed to ban the two-finger test in March and June 2020 by rights activists and a PML-N lawmaker.
Moreover, the 30-page statement claimed that the two-finger test or the hymen test had little to none medical basis or forensic value when it came to sexual assault survivors. It declared that virginity tests “offend the personal dignity of the female victim and therefore is against the right to life and right to dignity enshrined in Article 9 and 14 of the Constitution”. Due to which the two-finger test was finally banned by the LHC.
The statement further said that the virginity tests/ two-finger tests are discriminatory against female victims since they are carried out on the basis of their gender, therefore, violating Article 25 (equality of citizens) of the Constitution, hence, they need to be banned.
Upon the banning of the two-finger test, the court has ordered the federal and provincial governments to come up with appropriate medico-legal protocols and guidelines that comply with standard operating procedures in line with the international practice that recognizes and manages sensitively the care of victims of sexual violence.
Regarding the orders to facilitate new medico-legal protocols ever since the ban of the two-finger test LHC stated, “This included regular training and awareness programs so that all stakeholders understand that virginity tests have no clinical or forensic value.”
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