Chennai, February 9: Should an accused man in a sexual harassment case be forced to undergo a potency test without his consent? The Madras High Court has firmly answered no, ruling that district courts cannot mandate such tests for male accused in sexual assault cases. In a significant ruling, the division bench of Justice N Anand Venkatesh and Justice Sundar Mohan stated that while an accused may voluntarily request a test to prove his innocence, coercion is not permissible. The ruling came during the hearing of a case involving a male student and a minor girl in Chidambaram.

As per a Times of India report, the court observed that district-level sessions courts should not issue orders mandating potency tests for accused individuals. It stated that if an accused wishes to undergo the test to prove innocence, they can approach the court voluntarily. The bench also directed the Director General of Police (DGP) to circulate the order to all police inspectors. Additionally, doctors must ensure that no accused person is subjected to a potency test without consent. Forcing Spouse To Change Religion in Inter-Faith Marriages Amounts to Violence and Cruelty, Says Madras High Court.

The bench set March 14 as the next date for the hearing, noting that it would issue a comprehensive order addressing the matter on the same day.  During the hearing, the prosecution informed the court that while the ban on the two-finger test is being followed, another directive regarding the preservation of foetuses in sexual assault cases has not been fully implemented. The government cited a lack of necessary facilities in all government hospitals as the primary reason. HC on Workplace Harassment: Any Unwelcome Behaviour at Workplace Is Sexual Harassment Irrespective of Harasser's Intent, Says Madras High Court.

In response, the High Court directed the government to submit a detailed report on the availability of such facilities. It further ordered that foetuses be preserved at hospitals with the required infrastructure. The court also took serious note of recent incidents where the identities of sexual harassment victims were leaked. It emphasised the need for strict measures to prevent such breaches of privacy and ensure confidentiality in these cases.

(The above story first appeared on LatestLY on Feb 09, 2025 10:45 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).