Bringing you the Best Analytical Legal News
Madras High Court made the Superintendent of Police of the District concerned responsible if the identity of the minor victim girl or the personal details are revealed to the outside world.
“Two-finger test is no less than adding an unforgettable insult to an unhealed injury. The test violates the right to privacy, physical, mental integrity and dignity”.
Madras High Court said there are instances where a minor and their guardian may not be interested in proceeding further with the case and entangle themselves in a legal process. In such instances, termination of pregnancy can be made without the disclosure of the name of the minor.
A quick legal roundup to cover important stories from all High Courts this week.
If consensual relationship cases are segregated from the pending cases, it will be easy to deal with them and in appropriate cases, the Court can also exercise its jurisdiction and quash the proceedings, if the proceedings are ultimately going to be against the interest and future of the children involved in those cases and it is found to be an abuse of process of Court.
To hold that conducting virginity test on a woman who is victim of sexual assault and on a woman who may be an accused of an offence will be on different footing or that the earlier will be unconstitutional and the later constitutional, will be a perverse finding and against the intent of the Constitution of India and Article 21. However, this should not mean to be taken to be a shield for the detainee from legitimate interrogation by police as per the procedure established by law.
This roundup revisits the analyses of Supreme Court’s judgments/orders on Hijab Ban Controversy, Punishment for Two-Finger test on sexual assault survivors, Dishonour of Cheques; Insolvency and Bankruptcy Code and more. It also covers reports on confirmation of Justice Dr DY Chandrachud as the next CJI; Justice Hemant Gupta’s retirement; explainers on important law points; career trajectory and important decision of Justice S. Ravindra Bhat and Justice BV Nagarathna.
The “two-finger test” or pre vaginum test has no scientific basis and neither proves nor disproves allegations of rape. It instead re-victimizes and re-traumatizes women who may have been sexually assaulted, and is an affront to their dignity.
TOP STORY OF THE WEEK Anganwadi Workers/Helpers entitled to payment of gratuity; ‘Time to take serious note of their plight’ In a
Madras High Court: Stating that two-finger test cannot be permitted to be continued, the Division Bench of R. Subramanian and N. Sathish
Two Finger test Held — Unconstitutional Gujarat High Court: A Division Bench of J.B. Pardiwala and Bhargav D. Karia, JJ., while deciding