LHC to initiate contempt proceedings for conducting 'two-finger test'.

LAHORE -- The Lahore High Court (LHC) on Friday ordered disciplinary action and initiation of contempt proceedings against doctors who are conducting the 'two-finger test' in violation of an earlier prohibition in cases related to rape and sexual offences.

Justice Tariq Saleem Sheikh presided over a post-arrest bail case filed by petitioner Muhammad Akram in the case.

The petitioner is accused of sexually assaulting the complainant, a third-year student, at gunpoint on July 29, 2022, and recording indecent video clips. He also threatened to publish the clips on the internet if she informed anyone of the assault.

While the petitioner denied all allegations, the complainant's medico-legal certificate and DNA test report proved him guilty of sexual assault. Police also recovered the pistol he allegedly used.

Before dismissing the bail, Justice Sheikh pointed out that the doctor performed the two-finger test on her during the medical examination.

Upon this, he specified seven key points for strict compliance and urged concerned authorities to arrange workshops for healthcare professionals to communicate what procedures need to be followed when examining survivors of sexual assault and rape.

The judge further directed them to ensure that medical opinions in cases involving rape and sexual assaults are in tune with the current definition of rape under section 375 of the Pakistan Penal Code (PPC).

The justice stated that all medical examinations, including DNA tests, of rape and sexual violence victims should be conducted under section 164-A and section 164-B of the Code of Criminal Procedure (CrPC) respectively.

The seven-point statement also asked to ensure strict compliance with section 13(I) of the Anti-Rape (Investigation and Trial) Act, 2021 and to prohibit the use of the two-finger test during medical examinations of women and girls who have allegedly been victims of rape or sexual assault.

The judge particularly directed medical examiners to refrain from commenting on the victim's past sexual history unless it is relevant to their physical condition and that they do not make findings, such as whether the patient is 'habituated to sexual intercourse,' based...