Introduction: POCSO Cases And Medical Examinations
The Madras High Court has directed doctors and hospitals to conduct medical examinations of children in POCSO cases based on the nature of the complaint. The court observed that authorities subjected many children to mechanical and unnecessary medical tests, causing undue stress without serving any legal purpose.
Case Background
A special bench comprising Justice N Anand Venkatesh and Justice Sunder Mohan, which has been monitoring the implementation of the POCSO Act, examined the issue of routine medical examinations of children in such cases. The court considered whether these tests were necessary for different offences under the Act.
Petitioner’s Stance
The court learned that authorities subjected children to unnecessary medical examinations, even in cases involving kissing or groping. Officials conducted vaginal swabs in many instances, causing mental trauma. These tests were often performed without properly assessing their necessity.
Court’s Ruling: Medical Examination And POCSO Cases
The court ruled that doctors must use discretion when conducting medical examinations and avoid unnecessary tests. Authorities did not always require medical tests for offences under Sections 7, 9, and 11, which cover sexual assault and harassment without penetration. However, the court acknowledged that in some cases, even non-penetrative assaults could cause injuries, necessitating medical examination. It directed doctors to determine the required tests based on the child’s complaint rather than performing them mechanically.
Final Verdict
The court ruled that doctors must exercise discretion in conducting medical examinations, ensuring that unnecessary tests are avoided. Additionally, it addressed the issue of retaining products of conception in forensic labs. It ordered the destruction of such biological samples after DNA profiling. This was either at forensic laboratories or through approved biomedical waste collection centers. The Director General of Police (DGP) was directed to issue a circular ensuring proper coordination between hospitals and police. This is to prevent the accumulation of such waste.
