HC on Potency and Virginity Test: Stop Potency and Two-Finger Tests in Sex Offences, Madras High Court Tells Tamil Nadu Police

Chennai, 11 July: The Madras High Court has directed the Tamil Nadu police to cease conducting potency tests and two-finger tests on victims of sexual assault. The court emphasized that scientific advancements now enable the use of less invasive methods to determine potency, such as collecting blood samples. The division bench of Justice N Anand Venkatesh and Justice Sunder Mohan urged the state Director-General of Police (DGP) to establish a standardized operating procedure (SOP) for conducting these tests, eliminating the need for outdated and insensitive practices.

According to the Times of India report, the court's ruling also aimed to address the backlog of sexual offence cases registered between 2010 and 2013 under the Protection of Children from Sexual Offenses (POCSO) Act. The bench instructed the DGP to identify cases involving consensual relationships from this backlog. By segregating these cases, the court would be able to handle them appropriately, possibly even quashing proceedings if they are deemed to be against the best interests of the children involved or abuse the legal process. 'More to Life Than Exams': Madras High Court Junks PIL Seeking Postponement of Panguni Festival As It May Disturb Students Appearing for Board Exam.

The Madras High Court had previously quashed a case registered under the POCSO Act, highlighting the lack of sensitivity among stakeholders. In This particular instance, both the boy and the girl involved were minors under the relevant enactment. However, while the girl was treated as a victim, the boy was treated as a child in conflict with the law. The court expressed its dismay at this discrepancy and underscored the need for consistent and equitable treatment of underage individuals involved in such cases. HC on Employee Using Abusive Language Against Senior: Abusing Superior May Not Warrant 'Capital Punishment' of Firing, Says Madras High Court.

To ensure compliance with its directives, the bench directed the DGP to instruct all inspectors-general to review medical reports of sexual offence cases dating back to January 1. They were specifically instructed to identify any reports that mentioned the two-finger test. The court requested that such reports be submitted for further consideration.

The judges emphasized that the two-finger test, which is used to assess the virginity or sexual experience of a victim, is outdated and inappropriate. Likewise, the potency test, which involves collecting sperm from the accused, was deemed unnecessary given the advancements in scientific techniques. The court urged the adoption of modern methods used globally and expressed disappointment that the guidelines provided by the POCSO Committee and the circular issued by the DGP had not been effectively implemented.

(The above story first appeared on LatestLY on Jul 11, 2023 10:52 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).