Justice Devan Ramachandran of Kerala High Court, emphasized today that victims of sexual assault can include men, not exclusively women, highlighting a rise in cases involving boys as victims of child sexual assault.
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Kochi: During proceedings Today (28 Feb), the Kerala High Court highlighted that sexual assault affects not only women but also men.
Justice Devan Ramachandran expressed orally that while the majority of sexual assault victims are women, the possibility of men being assaulted cannot be overlooked.
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“Sexual assault is not confined to girls, it happens to boys also. It is rare but it is possible. I know that it is happening. But generally we take care of women. Generally, ninety-nine per cent of sexual assault victims for some reason are women,”
-remarked the judge.
This observation came in the context of considering a petition filed by a doctor challenging a protocol in Kerala, wherein only gynecologists, preferably women gynecologists, are called to examine sexual assault victims.
The judge noted that the protocol aims to provide support to victims, who are predominantly women or girls.
“I don’t know why you should be concerned. We are trying to give maximum support to the victim. It has nothing to do with you and everything to do with the victim,”
-Justice Ramachandran addressed the petitioner.
Nonetheless, the Court acknowledged that victims of sexual assault can also be men and further noted an uptick in cases where boys are victims under the Protection of Children from Sexual Offences Act (POCSO Act).
Justice Ramachandran pointed out,
“Here, you have assumed that the victims are women. You should have qualified that the victims you refer to are women victims alone. There are men, young boys being abused. I have seen a couple of cases recently. There are more boys in POCSO matters these days.”
The Court ultimately agreed to hear the matter again on March 5, stating,
“You (petitioner-doctor) should take it as a social commitment. You should go even if you are called at night. You run and go if you are on call when you get money. I don’t find this protocol to be wrong but if there are any problems in the working of it, we can certainly iron it out,” the judge said.
The Kerala High Court’s observations are a crucial step towards acknowledging and addressing the plight of all victims of sexual assault, irrespective of their gender. This move is expected to initiate a shift in societal attitudes and legal frameworks, ensuring a more equitable and supportive environment for all victims.
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The court’s stance also calls for an urgent reassessment of existing protocols and practices, urging a move towards more gender-neutral approaches in handling and supporting victims of sexual assault. This includes the need for training all medical professionals, not just gynecologists, in examining and providing care to victims, regardless of their gender.
The Kerala High Court’s recent observations serve as a reminder that sexual assault is not a gender-specific issue but a human one. It highlights the need for legal systems and societal norms to evolve, ensuring that all victims receive the support and justice they deserve. This landmark observation is a step forward in the fight against sexual crimes, advocating for a more inclusive and empathetic approach towards all victims.
As society continues to grapple with the complexities of sexual crimes, the Kerala High Court’s stance is a beacon of hope, signaling a move towards a more just and equitable system that recognizes and addresses the needs of every victim, regardless of gender.
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