sawatte_no_ii_desu_k
sawatte_no_ii_desu_k t1_iuiwenn wrote
Reply to comment by genericusername123 in "Two-Finger Test To Confirm Rape Patriarchal, Sexist": Indian Supreme Court by dynamicEntr0py
Appeals courts don't specify the finger test. It is banned, and classified as a medical malpractice since at least 2013.
The doctor who did the examination did not follow the correct procedure, because inserting two fingers into the victim's genitals to check her virginity is prohibited.
sawatte_no_ii_desu_k t1_iuiz4ma wrote
Reply to comment by SmallWhiteShark in "Two-Finger Test To Confirm Rape Patriarchal, Sexist": Indian Supreme Court by dynamicEntr0py
> Only the Chief justice of India(CJI) is elected by the government to some extent, but even that person is from one of the supreme court judges.
Wrong, completely wrong.
The Supreme Court introduced the Collegium system (which does not exist in any statute, only in case law), made up of the Chief Justice of India and the four seniormost judges to determine who can be elevated to the Supreme Court and who can become the next CJI. For the appointment of High Court judges, the CJI of the High Court concerned is also invited to the collegium.
However, these recommendations are then sent to the union government, i.e. the executive. The executive can approve, hold or reject nominations. If the executive approves, the names are sent to the President for appointment.
For the Chief Justice of India in particular, so far the convention of seniority has been followed, in which the collegium recommends the next eligible seniormost judge to serve as the Chief Justice. Eligibility in this sense that they have to be younger than 65 years old when they take office. The current CJI, UU Lalit, will only serve in his position for about 2.5 months, having been appointed on 27th August, 2022 and vacating the office on 9th November, 2022.
>rape on promise of marriage
This only applies to wilful fraud, not genuine inability.