Sadaf vs. Federation, WP No. 13537 of 2020 (Pakistan)

The petition challenges the use of virginity tests (two-finger test and hymen examination) in cases of rape or sexual abuse. Petitioners, composed of a diverse group of women working in the public sphere, seek:

• A permanent restraint against the use, conduct or facilitation of virginity tests
• Direction to ensure that necessary and proper measures are taken with respect to the physical and mental health and safety of the women undergoing the medico-legal examination

The Petitioners further pray that Respondents rely on scientific methods of investigation, as the virginity test is neither scientific nor medically required to determine the incident of rape or sexual abuse.

Ruling in favor of the petition, the court agreed that virginity testing is not relevant to establish sexual abuse. Moreover, virginity testing is unscientific, medically unnecessary and unreliable, and may be painful, humiliating and traumatic for the victim. It is invasive and a violation of the dignity of a woman. It also notes that virginity tests diminish the perception of the severity of sexual violence against women who have previously engaged in intercourse. The court directed that appropriate medico-legal protocols and guidelines be devised, in line with international practice that recognizes and manages sensitively the care of victims of sexual violence.