‘Don't insist on ID': Delhi HC issues further guidelines on medical termination of pregnancy in minor rape survivors

Indian Express

3 days ago

The Delhi High Court has issued guidelines again to various authorities for 'institutional clarity' in hospitals in cases of medical termination of pregnancy of minor victims of sexual assault, directing that identity documents shall not be insisted on during medical examination when brought by the investigating officer after the registration of an FIR. It has also directed to designate nodal officers in government hospitals to coordinate the medico-legal aspects of such cases.
Justice Swarana Kanta Sharma issued the slew of guidelines on Thursday while allowing a plea seeking permission for the medical termination of pregnancy of a minor survivor of sexual assault.
The latest guidelines – especially for hospital administration – come after the court recorded that in the present case, 'the chain of events reveals a troubling picture of delay, miscommunication, and lack of clarity on the part of hospital authorities, all of which culminated in a significant lapse in providing timely medical care to a 17-year-old rape survivor.' Earlier, Justice Sharma had in April issued guidelines to child welfare committees (CWCs) and legal aid authorities.
Issuing further directions to hospital administrations, the court said that in cases where gestational pregnancy is found to be exceeding 24 weeks, 'the Medical Board shall be constituted immediately, and without waiting for any specific direction from the Court, the Board shall conduct the necessary medical examination and prepare an appropriate report at the earliest and place before appropriate authorities.'
It directed hospital administrations to 'make available the latest, updated Standard Operating Procedure (SOPs) and relevant legal guidelines in both Emergency and Gynaecology Departments, and to ensure that duty doctors are briefed and sensitised regularly regarding their obligations under the Medical Termination of Pregnancy (MTP) Act, POCSO (Protection of Children from Sexual Offences) Act, and guidelines laid down by the Supreme Court and High Courts.'
The court also instructed to conduct quarterly training programmes for doctors, medical staff, and legal officers attached to all hospitals, in coordination with legal aid bodies such as the Delhi State Legal Services Authority and the Delhi High Court Legal Services Committee (DHCLSC).
Besides, a nodal officer must be designated in every government hospital to coordinate MTP and medico-legal processes for victims of sexual assault as a single point of contact for CWC, IOs and court. A standardised format for MTP request, consent, ultrasound requisition, and medical opinion must also be made available in all emergency and gynaecology units in both English and Hindi.
Issuing directions to the Delhi Police, the court said, the force must ensure that investigating officers (IO) dealing with POCSO and sexual assault cases undergo mandatory training every six months, with a focus on MTP procedures, court orders, and coordination with medical and welfare authorities. Certificates of completion shall be maintained in the officers' service records.
On April 17, Justice Sharma had issued guidelines, especially to CWCs and Delhi High Court Legal Services, to avoid delays in such cases, while dealing similarly with a plea seeking permission to medically terminate a pregnancy in a minor sexual assault survivor exceeding 27 weeks.
The court at the time, had laid down that whenever a minor victim of sexual assault, who is found pregnant with a gestational period of pregnancy exceeding 24 weeks, is produced before the CWC and is referred to a hospital for medical examination or medical termination of pregnancy, the concerned CWC shall forthwith inform the Delhi High Court Legal Services Committee (DHCLSC) regarding the case.
Upon receipt of such information, DHCLSC shall immediately take appropriate steps to assess whether any legal intervention is required, including the need to approach the competent court seeking an order for medical termination of pregnancy which is beyond 24 weeks in case of a rape victim where she or her guardian seek medical termination of pregnancy, so as to avoid any further delay.
Prior to the April 2025 guidelines, the high court had been issuing guidelines through various judgments. In January 2023, it issued guidelines for investigating officers, outlining that survivors of sexual assault shall be medically examined, be presented before a medical board as envisaged under the MTP Act in case consent is given for termination, and the examination report must be presented to the concerned authorities for moving court if necessary. It had also directed the constitution of medical boards at hospitals.