Chennai: The Madras High Court has held that when a minor seeks to end a pregnancy resulting from consensual sexual activity, the doctor does not need to insist on revealing the minor’s name in the report as per Section 19 of the POCSO Act. This is because sometimes the minor and their guardian might not want to proceed legally.
The court directed the Chief Secretary to establish a procedure in line with the Supreme Court’s ruling against naming. The court, monitoring POCSO and Juvenile Justice Act compliance, previously asked the DGP to assess pending cases involving minor consensual relationships. 111 such cases were identified.
The court appreciated these efforts to expedite decision-making. The court also emphasised that the two-finger test should not be done routinely as per guidelines. Potency tests were deemed unnecessary in all cases of sexual violence, requiring only blood samples if DNA matching was needed. These considerations would inform the creation of SoPs for victim girls’ medical tests.(BW)
