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Karnataka High Court – Second opinion required in negligence case is not applicable in forced sex change surgery

Bengaluru : The High Court of Karnataka has refused to entertain the petition by the doctor from K R Pet, who is one of the accused in the case, wherein a minor was abducted by transgenders to be used for prostitution and for extortion.Refusing the petition by Dr Anitha Patil, the High Court Bench of Justice Suraj Govindraj, in its recent judgment, said, “The allegations are that the said operation has been conducted without the consent of the said (minor) and that he could not have concern that since he was a minor at that point of time. These are matters which are required to be strictly left for trial with all defences left open for the petitioner to be agitated before the trial court.” The case is now being investigated by the CID.

The doctor had contended in the petition that she had not performed the operation. It was also contended that an opinion of another doctor has to be obtained before the filing of a complaint against a doctor. The High Court, however, pointed out that the opinion of another doctor is sought when there is an allegation of medical negligence by a doctor, but in the present case, the “allegation is of forcible sex change operation which is a criminal offence both under the IPC and under the POCSO Act.”