Pakistan’s Punjab province bans virginity testing for rape survivors in a landmark ruling

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The Lahore Supreme Court in Punjab province on Monday declared the practice illegal, saying it has “no medical basis” and “offends the personal dignity of the female victim and therefore violates the right to life and dignity” .

So-called virginity tests, which include inspecting the hymen or inserting two fingers into the vagina, are invasive tests performed in the belief that they can determine if a woman is a virgin. According to the World Health Organization, it has a long tradition in many regions around the world, including Pakistan, to judge the ‘honor or virtue’ of a girl or woman.

The tests are done for a variety of reasons, such as before marriage or even to assess whether they qualify for a job. But in some regions, research is conducted on rape victims to determine whether or not they have been sexually assaulted.

The United Nations describes virginity tests as having no scientific or medical basis and considers them a violation of human rights. Women and girls can be forced into the tests, which are “often painful, humiliating and traumatic” and can have psychological, physical and social consequences, according to WHO, especially in cases of rape.

Despite calls from several UN agencies to end the practice, it continues and has been documented in at least 20 countries, including the United States.
So-called virginity tests are unreliable, invasive, and sexist. And yet they persist

Two petitions filed in Lahore in March and June 2020 were filed by a group of women’s rights activists, academics, journalists, lawyers, and a member of the National Assembly, with the aim of banning such tests for rape survivors. They argued that the tests are unscientific, intrusive, demeaning and a source of retraumatization.

In her ruling, Judge Ayesha Malik sided with the petitioners, saying the tests “had no forensic value in cases of sexual assault” and discriminated against women. She also ordered the government to establish guidelines and training programs to ensure that examiners discontinue the practice.

“Virginity testing is highly invasive, has no scientific or medical requirements, but is conducted in the name of medical protocols in cases of sexual assault. It is a humiliating practice used to cast suspicion on the victim, rather than focus on accused and incident of sexual assault, ‘said Malik in court documents.

Sahar Bandial, a Lahore High Court attorney and one of the lawyers who filed the petition, said the verdict will have wider cultural implications.

“This is so important because there has been so much emphasis in our culture that the hymen is a woman’s purity,” Bandial said. She added that women subjected to the tests were accused of “being used to sex” and conclusions were drawn about their past sexual histories.

“There is a conclusion that the woman is easily virtuous and has likely consented to sexual activity,” she said.

The ban applies to Punjab, Pakistan’s most populous province, home to more than 110 million people. However, campaigners say the ruling will set a precedent for courts across the country.

“I hope the system becomes more sensitive to rape victims; the experience of having to undergo another penetrative test has been retraumatizing for a rape victim. I hope this judgment makes the justice system a more responsive and safer place for women to come out and speak out against violence, ‘Bandial said.

In November, the Punjab government banned the so-called “two-finger” test by medical investigators in rape cases after the petitions were challenged in court. Monday’s ruling records that and continues by recording all virginity testing.

After the verdict, Pakistani Human Rights Minister Shireen Mazari tweeted that the decision was indeed a ‘groundbreaking judgment’.

In a statement, the petitioners said it was “a welcome development and a much needed step in the right direction to improve investigative and judicial procedures and make them fairer to victims of rape and sexual assault”.

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