Case No. 9 has once more opened our eyes to the often overlooked realities r*** survivors face in the courtroom.
Case No. 9 has been educating us not only about the rights of survivors of sexual assault and how legal proceedings should unfold, but also about what can and cannot be questioned during cross-examination. In the latest episode, Advocate Bukhari, representing Kamran, asked Sehar Moazzam whether, since she had been previously married and sexually active, she had undergone a “two-finger test” after the alleged assault.
Thankfully, Advocate Beenish, representing Sehar, immediately called out this line of questioning. She reminded the court that the two-finger test has been officially banned in Pakistan – it’s illegal, unconstitutional, and has no place in a court of law. Survivors cannot be subjected to this kind of invasive examination, and it cannot be used as evidence.
Many viewers may be wondering: what exactly is the two-finger test, and is it even legally or constitutionally valid? Case No. 9 encouraged us to look deeper into this issue, revealing why this invasive practice has been banned and highlighting the protections survivors have under the law.
What Is The Two-Finger Test?
The “two-finger test,” also known as the “virginity test,” is an invasive and unscientific practice used to assess a woman’s sexual history. During the examination, a medical professional inserts two fingers into the vagina of a woman to determine the laxity of the vaginal muscles, often under the assumption that a woman who has had sexual intercourse will have a looser vaginal tone. This test is typically performed on rape survivors to infer their sexual history or to assess their virginity. However, it has been widely discredited by medical professionals and human rights organizations due to its lack of scientific validity and its invasive nature.
Legal Status In Pakistan
In Pakistan, the two-finger test was not mandated by law but was commonly practiced during medico-legal examinations of rape survivors. Despite its unscientific basis, the test was used to challenge the credibility of survivors by questioning their sexual history and, by extension, their character. This practice was rooted in patriarchal notions of female purity and was used to discredit survivors, often leading to further trauma and re-victimization.
The legal community in Pakistan began to recognize the harmful effects of the two-finger test in the early 21st century. In 2018, the Ministry of Law and Justice recommended that the practice be discontinued, acknowledging its invasive nature and lack of medical merit. However, it wasn’t until 2021 that significant legal action was taken to formally outlaw the test.
Landmark Legal Rulings
Lahore High Court Ruling (January 2021)
The first major legal step came from the Lahore High Court, which issued a ruling in January 2021 banning the use of the two-finger test on rape survivors in Punjab province. Justice Ayesha A. Malik declared the practice “invasive and an infringement on the privacy of a woman to her body,” emphasizing that it violated the rights of survivors and had no place in the judicial process. The Court’s decision was based on the unscientific nature of the test and its violation of the constitutional rights of the survivors.
Supreme Court Of Pakistan Decision (January 2021)
Following the Lahore High Court’s ruling, the Supreme Court of Pakistan delivered a landmark judgment in the case of Atif Zareef v. The State on January 4, 2021. The three-judge bench unanimously declared the two-finger test unconstitutional, stating that it violated the dignity and privacy of rape survivors under Article 14 of the Constitution of Pakistan. The Court emphasized that the test had no scientific value and was based on outdated and patriarchal notions of female sexuality.
The Court further held that the practice violated Article 4(2)(a) of the Constitution, which stipulates that no action detrimental to the life, liberty, body, reputation, or property of any person shall be taken except according to the procedure established by law. The Court observed that mentioning the sexual history of a survivor by making observations about her body, such as “the vagina admits two fingers easily,” offends the dignity and honor of the rape survivor and violates her constitutional rights.
Unfortunately, reports from 2023 revealed that some medical professionals and law enforcement officials continued to perform the two-finger test, even after it was officially banned. This highlights how the trauma of a rape survivor often begins long before she steps into a courtroom. The fight for justice isn’t confined to legal proceedings – it starts within society itself. In this case, even medical professionals – whose role should be guided by science and compassion – sometimes rely on outdated procedures with no scientific basis. More troublingly, such practices reflect a deeper societal mindset that judges survivors, treating them as if they are guilty before proven innocent. The Lahore High Court’s directive to the provincial government to take action against those conducting the test underscores the urgent need not only for legal enforcement but also for a fundamental shift in attitudes toward survivors.
While this practice has been outlawed since 2021, there have been no reported cases or actions involving it since 2023. In the drama, the test was referenced to highlight a practice that was deeply misogynistic and prejudicial toward women. It was historically used as a pressure tactic by lawyers, such as Bukhari, during cross-examinations to intimidate the victim and create psychological pressure. This context likely explains why it was included in the screenplay. The immediate objection by Seher’s defense counsel also serves to inform the audience that this practice is now illegal.
The prohibition of the two-finger test in Pakistan aligns with international human rights standards. Practices like the two-finger test have been condemned by organizations such as the World Health Organization (WHO) and the United Nations, which have highlighted their harmful effects on survivors and their lack of medical legitimacy. The legal actions taken in Pakistan reflect a growing recognition of the need to protect the rights and dignity of survivors of sexual violence and to ensure that legal and medical practices align with scientific evidence and human rights principles.
Case No. 9 airs every Wednesday and Thursday at 8:00 PM, only on Geo.
Case No. 9 is written by Shahzaib Khanzada and directed by Syed Wajahat Hussain. It is produced by Abdullah Kadwani and Asad Qureshi under the banner of 7th Sky Entertainment. The cast includes Faysal Quraishi, Saba Qamar, Aamina Sheikh, Junaid Khan, Hina Khwaja Bayat, Noor ul Hasan, and more.
We have a more detailed article on the two-finger test, which you can read by clicking on the link below:
The Two Finger Or Virginity Test Finally Outlawed in 2021
Sources: Al Jazeera, Ministry Of Law and Justice (GOP), National Assembly Of Pakistan, Business Recorder, and Oxford Human Rights Club.
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