Madras HC expresses shock as Pocso survivors undergo forceful medical exams even in groping, kissing cases

CHENNAI: The magistrate courts and special courts dealing with Pocso cases should not mechanically insist on medical examination of sexual harassment survivors where there is no penetrative assault, said the Madras High Court, while also cautioning the government that contempt proceedings would be invoked if anyone is arrested in cases arising from romantic relationships between minors.

Hearing cases regarding sexual violence and romantic relationship involving minors, a special bench of Justice N Anand Venkatesh and Justice Sunder Mohan expressed shock after learning that the survivors are forcefully subjected to medical examination even in cases of alleged groping and kissing.

“Insisting on unnecessary medical examinations without considering the nature of case, especially in non-penetrative sexual assault cases, causes mental agony and amounts to harassment of survivors. Hence it should be avoided, and instead, the procedure should be followed in line with section 27 of Pocso Act and section 164-A of CrPC, held the bench.

In such cases, no medical examination is needed unless it falls under sections 3 and 5 of the Pocso Act (offences of penetrative sexual assault), the bench added. It also directed doctors to use their discretion whether or not medical examination was needed considering the nature of cases and injuries sustained by the survivors.

During the hearing, the Director of Forensic Science Laboratory (FSL) apprised the court about the difficulties in the storage of the product of conception in sexual harassment cases, with a huge number of samples piling up in the lab even after the collection and digital profiling of DNA samples.

The bench then directed the FSL to destroy them after collection of DNA and digital profiling, as the re-test can be done with the collected sample.

The court also directed the Head of Police Force to issue a circular to all police stations to coordinate with the government hospitals concerned where the product of conception is stored, send it to FSL in order to collect the DNA with digital profiling, and destroy the leftover by handing it over to certified biomedical vendors. “This procedure should be completed within eight weeks,” the bench ordered.

‘Don’t arrest minors in consensual sexual relationship’

“It is brought to the notice of the bench that in several cases of consensual sexual relationship involving minors, the police are arresting the boy at the trial stage. The bench is aggrieved with the fact that even though the court directed not to arrest in consensual sexual relationship cases, it is being continued by the police,” said the court, and cautioned the State to adhere to the order or face contempt of court proceedings.