Only gynaecologists can examine sexual assault survivors: Kerala HC order

The petitioners alleged that the impugned amendment had been passed under the misconception that gynaecologists have some specialized skill or knowledge in forensic science to deal with sexual offences when that knowledge possessed by them is the same as that of any MBBS graduate.

Dismissing the plea, the bench acknowledged that the petitioners have the freedom to address their grievances with the appropriate authorities. Justice Devan Ramachandran said, "In the case of a woman or a girl, they're trying to give the best possible care."

Further, the counsel for the respondents contended that the protocol mandates only the examination of women/girl survivors of only vaginal penetrative sexual assault to be done by the gynaecologist at the first instance. They reasoned that it's not merely the examination and the collection of evidence that is important but also the best treatment that is available for the victim. The counsel added that the 2015 protocol required examination, reporting and giving evidence to be done by female gynaecologists which was modified by the 2019 protocol due to them being inordinately burdened.

Accepting the counsel's arguments, the court noted that the amendment applies to only one category of sexual assault survivors which is woman/child survivors of vaginal penetrative sexual assault.

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