Facts of the Case:

The Madras High Court addressed the routine and mechanical medical examinations being conducted on children in cases under the Protection of Children from Sexual Offences Act (POCSO). A special bench of Justices N Anand Venkatesh and Sunder Mohan observed that such examinations were being carried out on every child, regardless of the nature of the complaint, causing unnecessary mental stress. The court directed that medical examinations should only be conducted based on the specifics of the complaint, particularly in cases of sexual assault where penetrative offenses were not involved.

Contention of the Petitioner:

The petition highlighted the practice of performing extensive medical exams, including vaginal tests, on children even in cases where the offense did not involve penetration. The petitioner argued that this practice caused undue mental stress for the child victims, especially when the medical examination served no purpose in such cases. The petitioner pointed out that for non-penetrative offenses (Sections 7, 9, and 11 of the POCSO Act), medical examinations, including vaginal swabs, were unnecessary and only added to the trauma of the child.

Court’s Observation:

The bench emphasized that while a medical examination is essential in cases involving penetrative sexual assault (Sections 3 and 5 of the POCSO Act), it may not be required in cases involving sexual assault or sexual harassment where no penetration occurred. “Unnecessarily subjecting the child to examination will cause mental stress,” the court observed. However, the court acknowledged that medical examinations could still be necessary if there was evidence of physical injury, even in cases falling under Sections 7, 9, or 11. The bench instructed doctors to decide on the tests based on the nature of the complaint made by the child.

The court also expressed concern over the mechanical approach to medical exams and questioned the purpose of conducting invasive tests like vaginal swabs in cases involving minor offenses such as kissing or groping.

Court’s Decision:

The Madras High Court directed that medical examinations of child victims under POCSO should be based on the specific complaint and should not be performed routinely or mechanically. Doctors were instructed to tailor the tests based on the complaint of the child, ensuring that examinations only occur when necessary to substantiate the allegations or explain injuries. Additionally, the court modified its earlier order regarding the handling of products of conception after abortion, directing that once examined, these products should be destroyed to avoid unnecessary storage and potential biohazard risks.

The bench further ordered that the DGP issue a circular to all police stations to coordinate with hospitals and ensure proper handling of such cases, including the disposal of products of conception when appropriate.

Credits: Adv. Deeksha Rai