Gurumurthy, Achintya Anita (2024) Parading the eyewitness: Caste atrocity and the test identification parade. The International Journal of Evidence & Proof. ISSN 1365-7127 (In Press)
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Abstract
The study of the Test Identification Parade (TIP) within Indian evidence law must be contextualised considering the intensification of atrocities and brutalities against oppressed caste communities in India. Despite the existence of a separate law – Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 – to adjudicate caste-based atrocities, its implementation has been met with severe obstacles. Studying how evidentiary practices encounter the Act reveals how the law of evidence, too, participates in the playing out of a caste crime. It is in this regard that the discussion surrounding the Test Identification Parade must be infused with a political character, surfacing the power relations and structural aspects surrounding testimony and memory within crimes. Through the TIP, evidence law constitutes the nodal site upon which the dominant caste police and judiciary collude to deprive marginalised castes of just outcomes. This piece examines the jurisprudence of the TIP in caste atrocities judgments, in order to investigate the various ways in which the law plays out a caste atrocity
Item Type: | Article |
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Keywords: | Test Identification Parade (TIP) | Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act | Evidence |
Subjects: | Social Sciences and humanities > Social Sciences > Social Sciences (General) Social Sciences and humanities > Social Sciences > Law and Legal Studies |
JGU School/Centre: | Jindal Global Law School |
Depositing User: | Subhajit Bhattacharjee |
Date Deposited: | 31 Mar 2024 14:47 |
Last Modified: | 02 Apr 2024 10:53 |
Official URL: | https://doi.org/10.1177/13657127241236209 |
URI: | https://pure.jgu.edu.in/id/eprint/7557 |
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