Lahore High Court Declares the Two-Finger Test on Rape Victims Unconstitutional

In a recent judgement of the Lahore High Court, Justice Ayesha A. Malik criticised the use of two-finger test and the hymen test on rape victims, and held such tests to be against right to life and dignity of an individual. The Court declared such tests to be unscientific in nature without any medical foundation and declared them unconstitutional as it violates the dignity of the female victim.

While ruling on the challenge of the conduction of these virginity tests the courts referred various medical researches and was in consensus that such virginity tests are incompetent to definitively prove any acts of sexual violence and such tests have no relevance in the investigation of an incident of rape or sexual abuse.

Justice Malik while declaring the two-finger test and the hymen test unconstitutional cited the Judgement the Indian Supreme Court, Lilli @ Rajesh & Anr. vs. State of Haryana, wherein such tests had been declared unconstitutional and violative of the privacy and dignity of rape victims. The Lahore High Court also relied on several judgements of the Allahabad and Gujarat High Courts in this regard.

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