Kerala High Court to Review Protocol Mandating Gynaecologists for Sexual Assault Examinations
Table of Contents
A number of gynecologists working in government hospitals around Kerala have filed a suit with the Kerala High Court to challenge the policy requiring gynecologists to be the only medical professionals who assess survivors of sexual assaults. The Kerala Medico-legal Protocol for Examination of Survivors of Sexual Offenses, 2019, Clause 6 and its April 2023 revision are the targets of the challenge. This provision permits law enforcement to request that only female gynecologists examine survivors. The petitioners contend that this requirement runs counter to both Section 164A of the Code of Criminal Procedure (CrPC) and Section 27(2) of the Protection of Children from Sexual Offenses Act (POCSO Act), which allow any licensed medical professional to do such exams. In addition, the petitioners assert that the execution of the policy has caused survivors to experience major delays, especially in institutions that are dealing with a staffing deficit and a high volume of work. They demand that the amendment be declared unlawful and support giving all licensed medical professionals the authority to examine survivors. The court is scheduled to reexamine the case on March 4.
Judge Devan Ramachandran responded to the petition by stating that while he first thought the protocol was not fundamentally bad, he also noted that whatever operational problems it might have could need to be fixed. The petitioners stress that all Indian medical graduates receive extensive training in a range of medical specialties, enabling them to examine victims of sexual assaults. They contend that it is unfair, illegal, and impractical to put the entire burden on gynecologists. They suggest amending Clause 6 of the protocol to let any licensed medical professional to examine survivors in accordance with the requirements of applicable state laws. Furthermore, they emphasize how crucial it is to give all medical professionals proper training in order to guarantee the efficient and considerate management of such cases.
In summary
the dispute surrounding Kerala’s examination routine for victims of sexual assaults highlights the necessity of a thorough and fair approach to medical care in these delicate situations. The impact of the protocol on the prompt and efficient treatment of survivors must be taken into account as the court considers the petition. When developing rules and procedures for dealing with sexual abuse, it is crucial to strike a balance between the need to comply with the law, medical knowledge, and the welfare of survivors.
FAQ
Why are Keralan gynecologists questioning the protocol?
Gynecologists are challenging a practice that requires them to be the only ones who examine victims of sexual assault. They contend that this regulation is in conflict with pertinent legal statutes, burdensome for gynecologists, and would cause delays in survivors’ care.
What modifications to the protocol are suggested by the petitioners?
The petitioners are in favor of changing the policy to permit examinations of survivors by all licensed medical professionals, not just gynecologists. In order to guarantee that medical professionals can manage such circumstances with tact and efficiency, they also demand further training.
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