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INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT International Peer Reviewed & Refereed Journals, Open Access Journal ISSN Approved Journal No: 2456-4184 | Impact factor: 8.76 | ESTD Year: 2016 Scholarly open access journals, Peer-reviewed, and Refereed Journals, Impact factor 8.76 (Calculate by google scholar and Semantic Scholar | AI-Powered Research Tool) , Multidisciplinary, Monthly, Indexing in all major database & Metadata, Citation Generator, Digital Object Identifier(DOI) |
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| Paper Title: | A CRITICAL ANALYSIS OF TWO FINGER TEST DOCTRINE |
| Authors Name: | Abhishek Kumar Singh , Shashi Shekhar Singh Chauhan |
| Download E-Certificate: | Download |
| Author Reg. ID: |
IJNRD_193662
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| Published Paper Id: | IJNRD2305076 |
| Published In: | Volume 8 Issue 5, May-2023 |
| DOI: | http://doi.one/10.1729/Journal.34231 |
| Abstract: | The Two Finger Test is used to examine whether a survivor of rape or sexual assault is habituated of such sexual intercourse and determine its laxity and whether the hymen is broken which will signify the history of sexual activity of a victim, although the Supreme Court has said that such tests are inhuman and should be banned. Even after the Delhi gang rape case of Dec. 2013, Justice Verma Committee had also recommended the same thing that two finger tests is like another assault to victim and the test should be stopped. The Delhi Government has conceded in its guidelines that two finger test should be banned for the cases of sexual assault and advised doctors to counsel the victims. Two finger test is not the only methods of determining injury to genitalia and signs of penetration but there are other more scientifically accurate methods. Even after passing the guidelines for banning two finger test, on April 20th 2014, just after the Delhi Gang Rape Case a Dalit girl was gang raped and thrown out of a moving bus in Singrauli and having conducted the two finger test, the Madhya Pradesh police arrived at the conclusion and gave the statement in press media that the girl was habituated of sexual activity. This is a general assumption that is the women habituated of sex may also lie about sexual assault. This paper will emphasise the need for uniform nationwide guidelines which must strictly force the State Governments to stop the practice of two finger test for forensic examination and mere two finger test will not declare the women history of sexual life and such kind tests are against the Article 21 that is Right To Privacy of Indian Constitution and must respect the survivors health, dignity, consent and there is a urgent need to change the laws and forensic procedures related to sexual assault. |
| Keywords: | Right to Privacy, Hymen, laxity, Two Finger Test, Forensic |
| Cite Article: | "A CRITICAL ANALYSIS OF TWO FINGER TEST DOCTRINE", International Journal of Novel Research and Development (www.ijnrd.org), ISSN:2456-4184, Vol.8, Issue 5, page no.a631-a636, May-2023, Available :http://www.ijnrd.org/papers/IJNRD2305076.pdf |
| Downloads: | 000118758 |
| ISSN: |
2456-4184 | IMPACT FACTOR: 8.76 Calculated By Google Scholar| ESTD YEAR: 2016 An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.76 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator |
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Published Paper ID:IJNRD2305076 Registration ID: 193662 Published In: Volume 8 Issue 5, May-2023 DOI (Digital Object Identifier): http://doi.one/10.1729/Journal.34231 Page No: a631-a636 Country: Meerut, Uttar Pradesh, India Research Area: Other Publisher : IJ Publication Published Paper URL : https://www.ijnrd.org/viewpaperforall?paper=IJNRD2305076 Published Paper PDF: https://www.ijnrd.org/papers/IJNRD2305076 |
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ISSN: 2456-4184
Impact Factor: 8.76 and ISSN APPROVED
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