Madras High Court. File
| Photo Credit: K. Pichumani
The Madras High Court has ordered that victims in Protection of Children from Sexual Offences (POCSO) Act cases need not undergo the ordeal of medical examination unless they have been reportedly subjected to penetrative sexual assault or have suffered injuries.
A Division Bench of Justices N. Anand Venkatesh and Sunder Mohan took serious note of a submission made by advocate Deepika Murali that the police, as well as judicial magistrates, mechanically subject all victims of POCSO Act cases to medical examinations, irrespective of the nature of the offence.
The judges also recorded the submission of V. Sivapriya, Director of Forensic Sciences department, that medical examination would be required only in cases involving penetrative sexual assault or aggravated penetrative sexual assault, as enunciated under Sections 3 and 5 of the POCSO Act.
‘No purpose served’
The Director also stated that no useful purpose would be served by subjecting a child to medical examination for offences falling under Sections 7 (sexual assault), 9 (aggravated sexual assault), and 11 (sexual harassment) of the POCSO Act, since they deal with touching the private parts, showing gestures, and so on.
Agreeing that every child survivor of a sexual offence need not go through the mental agony caused by a medical examination, the judges said, such an examination should be carried out only for offences falling under Sections 3 and 5 of the POCSO Act, or if the victim had suffered any physical injuries.
“We further make it clear that considering the complaint made by the victim child/guardian, the doctor who examines the victim child shall take a decision as to the nature and extent of medical examination that has to be conducted with the child for the purpose of preparing a report,” the judges observed.
Storing products of conception
They also ordered that henceforth, the products of conception need not be stored indefinitely in government hospitals or forensic science laboratories. Instead, they could be handed over to biomedical waste vendors after DNA profiling is conducted and the data is saved in a digitised format.
The order was passed after the Joint Director of Health and Family Welfare D. Malarvizhi informed the court that a large number of products of conception was piling up at government hospitals across the State, and that they were becoming biohazardous due to the lack of facilities to store them.
The Division Bench directed the Director General of Police to issue a circular instructing police personnel across the State to take steps, in coordination with government hospitals and forensic sciences laboratories, for disposing of the products of conception after conducting DNA profiling.
The judges also quashed as many as 15 POCSO Act cases registered against minor boys, for having had romantic relationships with minor girls, after finding that they had attained majority now, the girls had given birth, and that they and their family members do intend to continue the prosecution.
The orders were passed on a 2022 habeas corpus petition, in which the Division Bench had been issuing a continuous mandamus to various authorities in connection with issues related to POCSO Act cases. The judges directed the Registry to list the case again on June 6, 2025, for issuing further orders.
Published – March 31, 2025 02:57 pm IST
