ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Medical JurisprudenceSubscribe to Medical Jurisprudence

Death of a Dai

In the case of childbirth, obstetrics is equated with development-modernity, while dais symbolise the lacking space which needs to be either co-opted through training or obliterated. The state, in its approval of this modernising project, offers several incentives and disincentives, even as everyday practice and the choices women make on the ground indicate a far complex reality. By moving through the life story of a real dai, this article underscores the absurdities and ironies that waylay the grand project of development-modernity in its journey towards its goal.

Testing Chastity, Evidencing Rape

Through a detailed analysis of the history of medical jurisprudence textbooks and their use in case law, this paper argues that these textbooks undermine legal reforms in India. It establishes that medical manuals promote the collection of prejudicial and legally irrelevant evidence and reinforce the notion that Indian women frequently bring false charges of rape. Courts regularly cite these textbooks as authority in rape cases, based on the perceived objectivity of medical science as a form of evidence. For legal reforms to be effective, this article argues that changes must be made to textbooks of medical jurisprudence, medical syllabi, and to protocols of medical examination and assessment of rape victims. Further, courts must be more critical in their use and acceptance of these medical manuals.
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