Court issues norms for pregnancy termination in sexual assault cases
New Delhi: Delhi High Court recently issued guidelines for handling sexual assault victims seeking medical termination of pregnancy (MTP), emphasising that identity documents should not be required during medical examinations when the victim is brought by the investigating officer (IO) after FIR registration.
A single-judge bench of Justice Swarana Kanta Sharma observed, "Where the survivor of sexual assault (major or minor) is accompanied by the IO or produced pursuant to the direction of a Court or Child Welfare Committee (CWC), identification proof shall not be insisted upon by the hospital or doctor for conducting ultrasound or necessary diagnostic procedures. Identification by the IO will suffice."
The court clarified that the IO is responsible for identifying the victim and ensuring that relevant documents and case files accompany her before the medical board.
These guidelines were issued on May 29, in response to a plea seeking permission for the MTP of a 17-year-old rape survivor taken to AIIMS for examination and termination on May 25. The hospital initially refused to conduct an ultrasound because she lacked an identity card, despite police accompaniment. After a 13-day delay, an ultrasound revealed she was over 25 weeks pregnant. The medical board did not examine her immediately, citing the need for a court order since the pregnancy exceeded the statutory limit.
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The bench directed govt hospitals to designate nodal officers to coordinate medico-legal aspects of such cases and provided clarity for handling MTP requests from minor sexual assault survivors. The court mandated that comprehensive medical examinations be conducted without delay for pregnant rape survivors.
For pregnancies exceeding 24 weeks, a medical board must be constituted immediately without awaiting specific court orders.
The bench further ruled that foetuses from MTP procedures on rape victims should be preserved for potential future DNA or forensic analysis.
On May 27, on the orders of the court, a medical board examined her and found that she was only 24 weeks pregnant, and there was no need for a court order. The bench, observing that the conduct of AIIMS in this case was troubling, directed the registrar general of the HC to send a copy of the judgment to the Delhi High Court Legal Services Committee, Delhi police commissioner, Delhi govt, and the Central Govt to ensure that the guidelines are disseminated to and complied with by all stakeholders.
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