38.6c New Delhi, India, Sunday, May 19, 2024
Judiciary

Kerala HC upholds rule on gynaecologists examining sexual assault survivors

By Rintu Mariam Biju      19 March, 2024 04:39 PM      0 Comments
Kerala HC upholds rule on gynaecologists examining sexual assault survivors

KOCHI: The Kerala High Court has rejected a petition moved by several gynaecologists working in government hospitals challenging a protocol that mandates that survivors of sexual offences to be examined only by gynaecologists. 

"In the case of a woman or a girl, they're trying to give the best possible care", Justice Devan Ramachandran orally remarking while rejecting the plea. The Judge also granted the petitioners liberty to move the appropriate authorities.

The plea was specifically challenging clause 6 of the Kerala Medico-Legal Protocol for Examination of Survivors of Sexual Offences 2019 which mandates that gynaecologists are the sole specialists to conduct medical examination of survivors of sexual offences.

It is the petitioner’s case that the protocol is “illegal, improper, unsustainable and contrary to the already existing national and international guidelines”. As per the 2023 amendment, the police can ask only women gynaecologists to conduct examinations on survivors. 

The previous Medico Legal Code before the amendment, stated that all registered medical practitioners who came within the definition prescribed under Section 53(2)(b) of CrPC could conduct medical examinations of survivors of sexual offences as given in Section 164A of CrPC. 

The 2023 amendment has been passed under the misconception that gynaecologists have some specialized skill or knowledge in forensic science to deal with sexual offences. However, the petitioner claimed that the knowledge possessed by them is the same as that of any MBBS graduate. In fact, all Indian medical graduates are exposed to all areas of medicine during their studies and are, therefore, competent to deal with examining survivors of sexual offences. On these grounds, the petitioners argued that the 2023 amendment is liable to be struck down as unconstitutional, unreasonable and arbitrary. 

The counsel for the respondents contended that the protocol mandates only the examination of women/girl survivors of only vaginal penetrative sexual assault to be done by the gynaecologist at the first instance. Not merely the examination and the collection of evidence but the best treatment for the victim, is what the framers of the amendment had in mind. 

The counsel added that the 2015 protocol required examination, reporting and giving evidence to be done by female gynaecologists which was modified by the 2019 protocol due to them being inordinately burdened.

The petitioners were represented by Senior Advocate Shyam Padman and advocates CM Andrews, Boby M Sekhar, Laya Mary Joseph, Harish Abraham, Nichu Willington, Ashwathi Shyam, Swathy Sudhir and Ram Mohan.



Share this article:

About:

Rintu Mariam Biju graduated from the National University of Advanced Legal Studies, Kochi after comp...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Kerala HC Quashes 498A Dowry Harassment Case Against Live-In Partner, Citing Lack of Relative Status [Read Order] Kerala HC Quashes 498A Dowry Harassment Case Against Live-In Partner, Citing Lack of Relative Status [Read Order]

Read about a recent judgment by the Kerala High Court that quashed a dowry harassment case against a woman in a live-in relationship. The court ruled that she couldn't be considered a relative under Section 498A of the IPC, highlighting the importance of precise legal definitions.

Watching porn on mobile: Kerala HC highlights importance of mother cooked meals, outdoor sports [Read Order] Watching porn on mobile: Kerala HC highlights importance of mother cooked meals, outdoor sports [Read Order]

Kerala High Court emphasizes the importance of outdoor sports, home-cooked meals, and parental supervision, discouraging the gifting of mobile phones to minors. Learn why the court quashed a case related to private porn viewing and the need for responsible parenting.

Lakshadweep MP Mohammed Faizal Disqualified from Lok Sabha After Conviction Suspension Plea Rejected by Kerala High Court [Read Notice] Lakshadweep MP Mohammed Faizal Disqualified from Lok Sabha After Conviction Suspension Plea Rejected by Kerala High Court [Read Notice]

Lakshadweep MP Mohammed Faizal PP faces disqualification from Lok Sabha as Kerala High Court rejects plea to suspend his conviction in an attempt to murder case. Get the latest updates on his legal battle.

Supreme Court Grants Stay on Conviction of Lakshadweep MP Mohammed Faizal in Attempted Murder Case Supreme Court Grants Stay on Conviction of Lakshadweep MP Mohammed Faizal in Attempted Murder Case

Stay tuned for the latest legal developments as the Supreme Court suspends the conviction of Lakshadweep MP Mohammed Faizal in an attempt to murder case. Get insights into this high-profile case and its impact on his political career.

TRENDING NEWS

sc-notice-to-ec-on-plea-by-adr-for-release-of-voters-turnout-data
Trending Judiciary
SC notice to EC on plea by ADR for release of voters turnout data

SC issues notice to EC on ADR plea to release voter turnout data. SC demands EC to disclose vote counts within 48 hours after each phase of the 2024 Lok Sabha polls.

18 May, 2024 11:16 AM
delhi-hc-refuses-jackie-shroff-interim-relief-against-youtuber-unfilteredthugesh-for-alleged-personality-rights-infringement
Trending CelebStreet
Delhi HC refuses Jackie Shroff interim relief against Youtuber 'UnfilteredThugesh' for using "Thug Life" in video on Shroff

The Delhi High Court has refused Jackie Shroff interim relief against Youtuber 'UnfilteredThugesh' for alleged personality rights' infringement.

18 May, 2024 05:20 PM

TOP STORIES

indian-courts-this-week-law-street-journals-weekly-round-up-of-sc-hcs-may-6-may-10
Trending Judiciary
Indian Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [May 6 - May 10]

Get the latest updates from India's Supreme Court and the High Courts ! Here’s a round up of the week's top legal stories in a quick, easy-to-read summary.

13 May, 2024 10:29 AM
sc-dismisses-union-govt-plea-against-bail-to-maoist-financer-in-case-of-attack-on-police-party-in-jharkhand
Trending Judiciary
SC dismisses Union govt's plea against bail to Maoist financer in case of attack on police party in Jharkhand [Read Judgment]

SC rejects govt's plea against bail for accused in Jharkhand police attack case, citing absence of violated bail conditions.

13 May, 2024 11:33 AM
supreme-court-upholds-gang-rape-conviction-though-victim-turned-hostile
Trending Judiciary
Supreme Court upholds gang rape conviction, though victim turned hostile [Read Judgment]

SC upholds gang rape conviction despite victim's hostility, affirming witness credibility in criminal trials.

13 May, 2024 12:24 PM
sanatana-dharma-remarks-sc-seeks-response-from-up-maha-ktka-bihar-jamp;k-on-udhayanidhis-plea-for-clubbing-firs
Trending Judiciary
Sanatana Dharma remarks SC seeks response from UP, Maha, Ktka, Bihar, J&K on Udhayanidhi's plea for clubbing FIRs

SC seeks response on Udhayanidhi's plea for clubbing FIRs related to his remarks on 'Sanatan Dharma'.

13 May, 2024 12:39 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email