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2024 Supreme(Online)(KER) 25978

HIGH COURT OF KERALA
Devan Ramachandran, J
DR. LAXMY RAJMOHAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHYAM PADMAN, C.M.ANDREWS, BOBY M.SEKHAR, LAYA MARY JOSEPH, HARISH ABRAHAM, NICHU WILLINGTON, ASHWATHI SHYAM, SWATHY SUDHIR RAM MOHAN
For the Respondents: SRI GRASHIOUS KURIAKOSE, SMT VIDYA KURIAKOSE, SMT SINDHUMOL T.P., SRI.J.G.SYAMNATH

Table of Content
1. introduction of case by petitioners. (Para 1 , 2)
2. petitioners argue against the amendment to the protocol. (Para 3 , 4)
3. government's defense of the amended protocol. (Para 5)
4. court's analysis emphasizes victim's perspective. (Para 6 , 7)
5. state's rationale for requiring gynecologists. (Para 8 , 9 , 10)
6. concerns about rigid enforcement of the requirement. (Para 11 , 12)
7. court's recognition of the need for potential adjustments. (Para 13 , 14 , 15)
8. government's openness to discussion with gynecologists. (Para 16 , 17)
9. court allows petitioners to address grievances. (Para 18 , 19)

JUDGMENT

The petitioners are Gynecologists working in various Government Hospital in different districts, in the State of Kerala. 2. The petitioners impugn the “Kerala Medico-legal Protocol for Examination of Survivor of Sexual Offences, 2019”, as is now sought to be amended through Ext.P7 , asserting that, if the same is implemented, they would be put to unnecessary burden and prejudice.

3. Sri.Shyam Padman, learned Senior Counsel, instructed by Smt.Laya Mary Joseph – learned counsel appearing for the petitioners, submitted that, as is evident from Ext.P7 , an unnecessary

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