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Testing chastity, evidencing rape - national law university ...

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By d mitra · 2014 · cited by 13 — types of women's chastity and past sexual history in rape cases. ... the state of her hymen, and injuries on her body are used to. 8 pages
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SPECIAL ARTICLEEconomic & Political Weekly EPW october 11, 2014 vol xlix no 41 51Testing Chastity, Evidencing RapeImpact of Medical Jurisprudence on Rape Adjudication in IndiaDurba Mitra, Mrinal SatishThe authors would like to thank the anonymous referee for detailedcomments on the draft paper.Durba Mitra ([email protected]) is with the South Asia Departmentof History, Fordham University, New York and Mrinal Satish ([email protected]) is with the National Law University, New Delhi.Protests following the 16 December 2012 gang rape inDelhi led to reform of rape laws in India. Through adetailed analysis of the history of medical jurisprudencetextbooks and their use in case law, this paper arguesthat these textbooks undermine legal reforms in India. Itestablishes that medical manuals promote the collectionof prejudicial and legally irrelevant evidence andreinforce the notion that Indian women frequently bringfalse charges of rape. Courts regularly cite thesetextbooks as authority...