Groping breasts not part of routine gynaecological examination, says Gauhati High Court
The Gauhati High Court has upheld the conviction of a doctor for assaulting a minor patient during a 2009 gynecological exam. The court ruled that the doctor's actions, which included groping, did not constitute a legitimate medical procedure, though his sentence was reduced due to his advanced age.
Why it matters
This ruling clarifies legal boundaries for medical conduct and reinforces protections for patients against professional misconduct.
Upholding the conviction of a doctor in a 17-year-old case, the Gauhati High Court said groping the breasts of a minor patient could not be treated as a routine gynaecological examination.
The court, however, considered gynaecologist Anup Kumar Baruah’s advanced age to reduce his sentence under Section 354 of the Indian Penal Code (IPC) to ₹5,000, with a default sentence of two months’ rigorous imprisonment. This Section addresses assault or criminal force used against a woman with the intent to outrage her modesty.
The case had its genesis in the victim’s visit on September 5, 2009, to a pharmacy in Morigaon district to consult Dr. Baruah for irregular periods. Two of her friends had accompanied her.
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