Minor father’s name not required during abortion in consensual sex – Madras HC

Madras High Court On Abortion: The Madras High Court has given several instructions regarding cases of sexual harassment with minors. In which it has been said that in the case of consensual sexual relations between minors, the name of the minor father is not required to file a report, the girl’s pregnancy can be aborted without the name of the minor youth. This should be done in case the minor girl or her relatives do not want to proceed legally under POCSO. 

‘Minor goes to unqualified doctor’
The bench of Justice N Anand Venkatesh and Justice Sundar Mohan also referred to the order of the Supreme Court while giving instructions and said that in many cases the report For this, the emphasis is on entering the name of the minor boy ie the one who has made the minor girl pregnant. In such a situation, the minor girl and her family go to a doctor who is not qualified. Because there abortion can be done without registering the name. 

Comment on potency test as well
Taking forward its point, the Madras High Court bench said that the two-finger test of rape victims cannot be done under any circumstances. Because the Supreme Court has already given its decision on this matter. If doctors need to find out whether there is any injury in the hymen or not, then any one instrument can be used for this. The court said that there is no need to do the potency test again and again in cases of sexual offences. Potency test is done to check the impotence of any person. 

On the potency test, the Madras High Court said that the court has to keep in mind that the person who commits the sexual offense is powerful. In such a situation, if the accused person makes an excuse of impotence to escape, then the pressure to prove it will be on the same accused. We make it clear that the general examination of the accused person should not be confused with the potency test.

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