Home » World News » End 'virginity tests' and arresting women for 'moral crimes', HRW tells Afghan government
 
SPEED NEWS

End 'virginity tests' and arresting women for 'moral crimes', HRW tells Afghan government

Ruchi Kumar | Updated on: 14 February 2017, 5:50 IST
QUICK PILL
  • Human Rights Watch calls for an end to the humiliating \"virginity test\" for women.
  • An Afghan human rights commission spoke to 53 women convicted of \"moral crimes\"; 48 of them had undergone a \"virginity test\".
  • Some of the prisoners AIHRC spoke to were as young as 13.
  • Punishment for moral crimes in Afghanistan can be up to 15 years in prison.

Even as Afghanistan makes strides in the development of women, a large section of the society continues to practice patriarchal traditions designed to restrain them. A recent report by Human Rights Watch (HRW) has brought to light one such custom -- the "virginity test" -- to justify the accusation of "moral crimes" against women.

In a rather strong condemnation of the "virginity test" in Afghanistan, especially those conducted on female victims of sexual abuse, HRW researcher Heather Barr calls for banning all "virginity exams" as well as an end to arrests for "moral crimes".

"The continued use of degrading and unscientific "virginity exams" by the Afghan government is part of a broader pattern of abuses in which women and girls in Afghanistan are jailed on spurious "moral crimes" accusations, often in situations where they are fleeing forced marriage or domestic violence," Barr explains.

Her report is backed by a research conducted by Afghanistan's Independent Human Rights Commission (AIHRC) who spoke to 53 female prisoners from across 12 provinces, who were convicted of zina (moral crimes). Some of them were as young as 13 and were serving 15-year prison sentences. A majority of these girls were accused of escaping from home - which isn't even a crime in Afghanistan - and yet, at least 48 of those interviewed were subjected to a virginity test, their report reveals.

What is a Virginity Test?

A virginity test is performed to establish the presence or absence of the hymen. This is usually conducted in a hospital or a forensic centre. In India, reports have surfaced that some law authorities employ the Two Finger Test in cases of sexual violence. These have been strongly condemned by civil society, prompting the Indian government to issue an advisory on the matter.

In Afghanistan, such tests are usually conducted without the consent of the victim of sexual abuse, AIHRC report states. "Due to lack of consent of the victim, it can be considered sexual harassment and human rights violation," the report asserts.It describes the tests as "aggressive in nature" where the "victim's private part is touched and observed without her consent".

The report further reveals that there is no defined procedure for conducting such tests, neither are there any guidelines for law enforcement authorities to carry out the exam. "There is no single written directive to clearly explain who and for what charge and under what conditions should be introduced for gynaecological test, and how this test should be performed, by what organ or individuals (women or men), with the consent or without consent be executed," it reads.

What's the deal with virginity?

Virginity is a highly valued "trait" not just in Afghanistan, but also in the region. Women across the Indian subcontinent have had to validate their moral standards with the presence of a hymen.

In Afghanistan, as a common traditional practice, several families perform a "virginity test" on new brides, requiring her to show a blood-stained handkerchief after the couple consummate the marriage. "If the couple cannot show a blood-stained cloth, it means that the bride had sexual relation with others before the marriage. Such women are usually being sent back to her father's and even cause severe conflicts between the two families or ends up with the killing of the new bride," the AIHRC report states.

HRW calls this test "bogus". "Many people mistakenly believe that virginity can be determined because the hymen is always broken when a woman or girl has sexual intercourse for the first time. This is simply not true. Some girls are born without a hymen; hymens often break during daily non-sexual activities, and some hymens remain intact after sexual intercourse," writes Barr in her report.

First published: 2 March 2016, 3:54 IST
 
Ruchi Kumar @RuchiKumar

Ruchi Kumar is an Indian journalist living in Kabul with her cat Bukhari. On most days, she reports on the ongoings in the region. Rest of the time, she reads, writes and wanders around Kabul looking for people who will tell stories.