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The Use of the Two-Finger Test in Pakistan

The Two Finger Test is an outdated medico-legal practice used to determine the virginity or habitualness of sexual intercourse of a rape survivor based on the laxity of their vaginal muscles. The test has been denounced internationally as having no scientific value and being violative of Human Rights. Despite this, the test is still used in many countries, including Pakistan. Pakistani courts have gone even further by drawing inferences about the character of the victim, ascertaining whether the victim consented to rape.

Law students at the Centre for Human Rights, under the supervision of the project lead, researched the origins of the test, legal jurisprudence on the matter and possible violations of fundamental rights guaranteed under the Constitution of Pakistan. The research was aimed at identifying the underlying reasons for its continued use in Pakistan and the legal justifications on the basis of which it may be deemed illegal. These were then analysed in light of measures taken by countries, subject to the same socio-cultural perspectives, in effectively banning the test. Resultantly, a set of recommendations were drawn up in hopes of eradicating the test at both the legal and societal level, as well as address the court’s arbitrary interpretations.

Principal researcher: Zain Siddiqui
Student researchers: Ahmed Raza Kazim, Mah Noor, Muhammad Aaqib Bashir, Saadia Farooq and Shehnoor Qaiser

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Publication
Gender-based Violence
Jun 2018
The Use of the Two-Finger Test in Pakistan

The Two Finger Test is an outdated medico-legal practice used to determine the virginity or habitualness of sexual intercourse of a rape survivor based on the laxity of their vaginal muscles. The test has been denounced internationally as having no scientific value and being violative of Human Rights. Despite this, the test is still used in many countries, including Pakistan. Pakistani courts have gone even further by drawing inferences about the character of the victim, ascertaining whether the victim consented to rape.

Law students at the Centre for Human Rights, under the supervision of the project lead, researched the origins of the test, legal jurisprudence on the matter and possible violations of fundamental rights guaranteed under the Constitution of Pakistan. The research was aimed at identifying the underlying reasons for its continued use in Pakistan and the legal justifications on the basis of which it may be deemed illegal. These were then analysed in light of measures taken by countries, subject to the same socio-cultural perspectives, in effectively banning the test. Resultantly, a set of recommendations were drawn up in hopes of eradicating the test at both the legal and societal level, as well as address the court’s arbitrary interpretations.

Principal researcher: Zain Siddiqui
Student researchers: Ahmed Raza Kazim, Mah Noor, Muhammad Aaqib Bashir, Saadia Farooq and Shehnoor Qaiser

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