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Monday, October 25, 2021

LHC declares two-finger assessments for sexual assault victims unlawful

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  • LHC has declared virginity assessments for survivors of sexual violence unlawful and unconstitutional
  • A 30-page judgment stated there is no such thing as a “medical basis or forensic value” of such assessments in instances of sexual assault
  • Judgment added the assessments “offend personal dignity of female victims”

LAHORE: The Lahore Excessive Court docket on Monday declared virginity assessments for examination of sexual assault survivors “illegal and against the Constitution of Pakistan.”

A single bench led by Justice Ayesha A Malik announced the verdict in a set of petitions, filed in March and June 2020. by rights activists along with a PML-N lawmaker.

In the 30-page judgment, the judge wrote that the two-finger test (TFT) and hymen test have no medical basis or forensic value in cases of sexual violence and 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”.

Related350 rape cases reported in Lahore during the year

The verdict stated that virginity tests are “discriminatory in opposition to feminine victims as they’re carried out on the premise of their gender, due to this fact, violating Article 25 (equality of residents) of the Structure.”

The courtroom has directed the federal and provincial governments to plan applicable medico-legal protocols and pointers together with commonplace working procedures, consistent with the worldwide apply, that recognise and handle sensitively of the victims of sexual violence. 

“This includes regular training and awareness programmes so that all stakeholders understand that virginity tests have no clinical or forensic value.”

Learn the total judgment right here:

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