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Medical Examination of Sexual Assault Survivors
Subject : Criminal Law - Sexual Assault
Gynaecologists move Kerala High Court against mandate that sexual assault survivors must only be examined by Gynaecs
The petitioner-gynaecologists have specifically challenged Clause 6 of the Kerala Medico-legal Protocol for Examination of Survivor of Sexual Offences, 2019, and an amendment made to it in April 2023.
As per the 2023 amendment, the police can ask only women gynaecologists to conduct examinations on survivors.
According to the petitioners, making it mandatory for gynaecologists to examine sexual assault survivors instead of 'any registered medical practitioner' is contrary to what is prescribed Section 27(2) of the Protection of Children from Sexual Offences Act (POCSO Act), and Section 164A of the Code of Criminal Procedure (CrPC).
A mandate such as that seen in Clause 6 is not included in national or international guidelines for attending to survivors of sexual offences, the petitioners contended.
Sexual assault examination - Gynaecologist - Medical practitioner - Mandatory examination - Kerala Medico-legal Protocol - POCSO Act - CrPC - Survivor rights
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