Medico-legal dimensions of the two-finger test

Gulati, Arnav and Gulati, Nidhi (2022) Medico-legal dimensions of the two-finger test. Third Concept, 36 (421). pp. 34-37. ISSN 0970-7247

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Abstract

This paper traces the legal history of the two-finger test used to ascertain confirmation of rape. Through the use of legislative provisions, case studies and medical procedure(s), we analyse the problematic medico-legal dimensions of the test. The test has been deemed unconstitutional owing to its faulty and prejudiced premises. Invalidity of the scientific claim behind the test, its forced nature and the implications on the victim's mental and physical health are discussed. It violates the human rights of the victims by re-subjecting them to bodily and emotional trauma, raising questions about their integrity and attacks their dignity. Even though the test has been declared constitutionally invalid, it persists in practice due to deep-seated social patriarchal prejudices.

Item Type: Article
Keywords: Two-finger test | Confirmation of rape | Emotional trauma | Social patriarchal prejudices
Subjects: Physical, Life and Health Sciences > Medicine
Physical, Life and Health Sciences > Public Health, Environmental and Occupational Health
Social Sciences and humanities > Social Sciences > Human Rights
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 26 Apr 2022 09:11
Last Modified: 26 Apr 2022 09:11
Official URL: https://www.thirdconceptjournal.co.in/archives.htm...
URI: https://pure.jgu.edu.in/id/eprint/2653

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