Staff Reporter
The Punjab government has done away with the two-finger test for rape and sexual violence survivors.
Punjab Additional Advocate General Jawwad Yaqoob presented a government notification in the Lahore High Court on Friday. Justice Ayesha A Malik heard multiple petitions filed by women against the two-finger test.
The notification, issued by the Punjab Specialised Healthcare and Medical Education Department, outlined the proper way to conduct examinations of rape or sexual violence survivors, including separate procedures for girls, virgins and non-virgins.
The new rules for medico-legal examinations of female survivors has to be implemented at all public sector hospitals/institutions in Punjab. To start with, the medico-legal examination of a female victim should be undertaken only on the judicial order as per Women Protection Act, 2006 and after obtaining written expressed consent of the victim or parents/guardian if the victim is under 18. It can only be performed by an authorized women medical officer or board under Section 299-C of the Pakistan Penal Code.
The notification also noted that victims or guardians have the right to refuse medico-legal examination or collection of evidence or both but their refusal will not be used to deny treatment to the survivor after sexual violence as per the Injured Persons (Medical Aid) Act, 2004. SOPs such as soliciting biodata, details of history, history of changing clothes, bath, stool or urine passed and a detailed type of violence and its location on the body must be noted by the MLO. A detailed description of the use of any weapon, drugs/alcohol, verbal threats etc should also be noted.
In case of children illustrative books, body charts or a doll can be used if available to elicit the history of the sexual assault. When it is difficult to get that information, the MLOs have been told to call an expert like a paediatrician or psychiatrist.
It noted that an examination of the victim’s genitalia can be conducted as per the rules but a two-finger test must not be performed. This line has been written in all caps and made bold.
If a woman reports within 96 hours of the assault, all evidence including swabs must be collected, based on the nature of the sexual assault.
The case
A group of women had moved the Lahore High Court on March 12, 2020. PML-N MPA Shaista Pervez Malik also filed a separate petition. There is “no place for these outdated practices under the Constitution,” says the petition. The petition has asked for such tests to be declared illegal and discontinue phrases such as “habituated to sex”, “easy virtue” and “loose morals” while referring to women in medical reports.
