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A Critical Examination Of The Legalization Of The Two-Finger Test In India




Shafaque Amber, Amity University Patna

ABSTRACT

This research paper conducts a comprehensive examination of the highly contentious practice of the two-finger test in the context of sexual assault examinations in India. By delving into the historical origins and evolution of this test, the study seeks to provide a nuanced understanding of its development and integration into medical and legal procedures. The legal status of the two-finger test in India is analyzed, considering both its prohibition in certain jurisdictions and its persistence in others. The paper explores the ethical dimensions of the test, focusing on issues such as informed consent, the potential violation of human rights, and the perpetuation of stigmatization and victim-blaming.

Furthermore, the research discusses international best practices for forensic examinations in cases of sexual assault and proposes alternative methods that respect the dignity of survivors while adhering to human rights principles. A crucial aspect of the study involves an in-depth analysis of the psychological consequences of the two-finger test on survivors and its potential impact on deterring individuals from reporting sexual assault incidents. The paper concludes by advocating for legal reforms that prioritize the elimination of the two-finger test in India and the adoption of survivor-centric, ethical practices in sexual assault examinations.

Keywords: two-finger test, India, sexual assault, human rights, legal framework, alternative methods, ethical considerations, survivor impact, informed consent, victim-blaming, stigmatization.

Komentáře


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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