Unconstitutional and Violation of Women’s Dignity, two-finger tests on Rape Victims

Unconstitutional and Violation of Women’s Dignity, two finger tests on Rape Victims

On Monday Lahore High Court announced Two-finger test for the virginity test of a rape victim is unconstitutional and against the women rights and dignity of women. The court also added such examinations are absurd and unscientific with no medical ground. 

Justice Ayesha A. Malik stated that such medical examinations are prejudiced and against the women’s right to life and dignity which is covered under Articles 9 and 14 of the Pakistan constitution. 

The judgment states that Virginity examinations are prejudiced against female rape victims amounts to gender discrimination and offends Article 25 of the constitution. The federal and provincial governments are directed by the judge to take strict measures and to ensure that such a virginity test would not be practiced in the medico-legal test of rape victims and sexual abuse.  

Justice Ayesha Malik directed the Punjab government to “take suitable guidelines and medico-legal protocols and standard checks procedure” to manage and recognize the sensitivity of victims of sexual abuse. Justice Malik wrote in the judgment that these steps would take regular training and awareness camping to understand that Two-finger tests have no forensic value. The High court reserved the judgment in two PIL challenging Nov 2020 old practice. 

In reference to this, a judgement of the supreme court of India in case Lillu @ Rajesh & ANR v. state of Haryana stated that the Two Finger Test violates the right of rape victims of privacy, physical and mental dignity. Court also referred to Gujarat and Allahabad High Court judgement and held that there is no medical ground to have virginity test in the form of Two-finger test to come across whether the hymen is torn or intact. 

The sole purpose of the Two-Finger Test is not to provide clinical benefits but to find whether the victim is sexually active or not which leads to violation of women’s rights and infringement of privacy of women’s body.

Recently Indian court of Jammu and Kashmir administered the health professional of UT of  Jammu and Kashmir and Ladakh “to abstain Two-Finger Test “termed as ‘pre-vaginum examination. 

Gujarat High Court held that examination of Two finger Test of rape victim is unconstitutional.

Purnima Ojha
‘Law is not law if it violates the principles of eternal Justice’ very beautifully penned down by Lydia Maria Child and I strongly believe, if the law is not made for the goods of people then at least it should not violate the essence of the principle of law that is “JUSTICE”. Law is made to keep each section of society on an equal platform and being a member of the law fraternity, I will try to contribute to the welfare of society. I am Purnima and I graduated from zoology (Hons) and am currently pursuing a law degree from Lloyd law college, Greater Noida. My desire is to bring a fair and unjust environment to our society through my hard work and persistent efforts.