LHC reserves judgement in plea against test of sexual assault survivors

Published November 11, 2020
The Lahore High Court on Tuesday reserved judgment in two public interest petitions challenging an old practice called two-finger test (TFT) for examination of sexual assault survivors for being disrespectful, inhuman and violative of fundamental rights of the women. — File
The Lahore High Court on Tuesday reserved judgment in two public interest petitions challenging an old practice called two-finger test (TFT) for examination of sexual assault survivors for being disrespectful, inhuman and violative of fundamental rights of the women. — File

LAHORE: The Lahore High Court on Tuesday reserved judgment in two public interest petitions challenging an old practice called two-finger test (TFT) for examination of sexual assault survivors for being disrespectful, inhuman and violative of fundamental rights of the women.

Before closing the hearing, Justice Ayesha A. Malik expressed her displeasure over the Punjab government’s slackness towards legislation to abolish the test. The judge noted that the government, despite an undertaking, failed to present a proposed draft of the legislation.

Additional Advocate General Jawad Yaqoob told the court that a meeting of a sub-committee of the provincial cabinet was held on the issue. However, Justice Malik declared the provincial government’s response unsatisfactory. She observed that the federal government had also undertaken to bring legislation on the issue.

The petitioners’ counsel argued that the court had the jurisdiction to order the legislature for a legislation on a particular issue. Justice Malik concluded the proceedings and reserved the verdict.

In this case, the provincial health authorities had previously told the court that the TFT had limited evidential value and would be abolished from the protocol of medico-legal certificate (MLC) unless necessitated. The government maintained that the TFT should not be performed unless where it deems necessary to be performed in good faith for determination of injuries and disease.

The petitions were filed by PML-N MNA Shaista Pervez Malik and women rights activists, academics, journalists and advocates. They include Sadaf Aziz, Farida Shaheed, Farieha Aziz, Farah Zia, Sarah Zaman, Maliha Zia Lari, Dr Aisha Babar and Zainab Husain.

Advocate Sahar Zareen Bandial and Barrister Sameer Khosa represented the petitioners.

Published in Dawn, November 11th, 2020

Opinion

Editorial

Hasty transition
Updated 05 May, 2024

Hasty transition

Ostensibly, the aim is to exert greater control over social media and to gain more power to crack down on activists, dissidents and journalists.
One small step…
05 May, 2024

One small step…

THERE is some good news for the nation from the heavens above. On Friday, Pakistan managed to dispatch a lunar...
Not out of the woods
05 May, 2024

Not out of the woods

PAKISTAN’S economic vitals might be showing some signs of improvement, but the country is not yet out of danger....
Rigging claims
Updated 04 May, 2024

Rigging claims

The PTI’s allegations are not new; most elections in Pakistan have been controversial, and it is almost a given that results will be challenged by the losing side.
Gaza’s wasteland
04 May, 2024

Gaza’s wasteland

SINCE the start of hostilities on Oct 7, Israel has put in ceaseless efforts to depopulate Gaza, and make the Strip...
Housing scams
04 May, 2024

Housing scams

THE story of illegal housing schemes in Punjab is the story of greed, corruption and plunder. Major players in these...