Karnataka High Court directs Health Department to issue circular on duties of doctors dealing with POCSO victims

  • Gargi Chaterjee
  • 10:22 PM, 08 Mar 2022

The Karnataka High Court has directed the Principal Secretary, Health Department, to issue a circular and direction to the Medical Officers, in the entire state regarding their duties and responsibilities when a child victim is produced before the doctor for their opinion for sexual penetration assault. 

The Court was hearing a bail plea in the case of a minor victim of sexual assault about 16 years of age.

She was assaulted for a long period of time by the accused. However, when brought to the medical examiner he only issued a 'Sexual Assault Certificate' without giving any report.

Further, no provisional report was issued as to whether she was subjected to any sexual act or not.

Justice H.P. Sandesh presiding over the matter, directed Principal Secretary, Health Department to take action against the said doctor, noting, 

"This Court has taken note of the callous attitude and negligence on the part of the doctor when the victim was subjected for medical examination, but no report is given and no provisional report is also given whether she was subjected to sexual act or not."

The Court also refused to grant bail to the accused in view of the fact of the heinous act of the accused. 

Cause Title: Thippeswamy @ Thipeshi vs State