DR. LAXMY RAJMOHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are Gynecologists working in various Government Hospital in different districts, in the State of Kerala.

(2.) The petitioners impugn the "Kerala Medico-legal Protocol for Examination of Survivor of Sexual Offences, 2019", as is now sought to be amended through Ext.P7, asserting that, if the same is implemented, they would be put to unnecessary burden and prejudice.

(3.) Sri.Shyam Padman, learned Senior Counsel, instructed by Smt.Laya Mary Joseph - learned counsel appearing for the petitioners, submitted that, as is evident from Ext.P7, an unnecessary rigour has been placed on Gynecologists, by mandating that the examination of a woman/girl survivor of vaginal penetrative sexual assault should be undertaken only by such specialist because, this will distract them from other more pressing demands of their expertise and will subject them to unnecessary burden, of being required to follow the forensic protocols, even where treatment is not necessary. The learned Senior Counsel submitted that, going by Sec. 27 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act' for short) and Sec. 164A of Code of Criminal Procedure, 1973, there is no statutory mandate that only a Gynecologist should examine a woman or a girl survivor of sexual assault; and hence that the proposed amendments are illegal and unlawful, if not, the product of a improper exercise of mind, and hence liable to be set aside.