Law: Criminal Procedure Code (V of 1898)

Section: 164-A

Law: Qanun-e-Shahadat (10 of 1984)

Section: 151(4)

(a) Criminal Procedure Code (V of 1898)--- ----S. 164-A---Universal Declaration of Human Rights, 1984, Art.7---Convention against Torture and other Cruel Inhuman or Degrading Treatment or Punishment, 1984, Art. 16---International Covenant on Economic, Social and Cultural Rights, 1966, Art. 12---Convention Against Elimination of All Forms of Discrimination Against Women, 1979---Victim of rape, examination of---Medical jurisprudence---Virginity test---Applicability---Medical protocol has taken a total shift from its original view and now as per accepted medical protocols, virginity test is no longer considered to be relevant in cases of rape or sexual abuse---Virginity test has no scientific or medical basis---International obligations cast a responsibility on Government of Pakistan to ensure that all necessary steps are taken to prevent discrimination and specifically to prevent carrying out virginity testing---Globally it is accepted that virginity testing does not establish offence of rape or sexual abuse nor past sexual conduct has any relevance in medico-legal examination, which aims to collect evidence on the charge of sexual violence. 24th Edition of Modis Textbook; A global review; Reproductive Health written by Rose McKeon Olson and Claudia Garcia-Moreno; Strengthening the Medico-Legal Response to Sexual Violence; Eliminating Virginity Testing: An Interagency Statement and Statement on Virginity Testing rel. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 151(4) [as amended by Criminal Law (Amendment) (Offences Relating to Rape) Act (XLIV of 2016---Victim of rape---Past character of victim---Requirement---Adopting line of questioning on character of victim has effectively been prohibited under Criminal Law (Amendment) (Offences Relating to Rape) Act, 2016 by deleting Art. 151(4) of Qanun-e-Shahadat, 1984---Past history of victim with reference to her sexual intercourse or her being of easy virtue or habitual to sex is totally unnecessary---Fact regarding past history degrades concerned victim. (c) Criminal Procedure Code (V of 1898)--- ----S. 164-A---Sexual violence---Virginity test of victim---Object, purpose and scope---Virginity testing is highly…

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