Hosps shouldn't insist on ID proof of rape survivors seeking abortion: HC

Business Standard

2 days ago

The Delhi High Court has asked hospitals in the national capital to refrain from demanding ID proofs of rape survivors seeking termination of their pregnancy on orders of courts.
Justice Swarana Kanta Sharma also underlined the pressing need for "clear, practical and sensitive" medical protocols for such survivors, particularly minors.
Lack of clarity on procedures, insistence on identity documents, and the delay in carrying out necessary medical examinations such as ultrasound have all contributed to the further distress of the victim in this case, the court said.
"Hospitals and medical institutions must be sensitised to the fact that cases involving victims of sexual assault, especially minor girls, require a more responsive and sensitive approach," the court said on May 29.
Medical protocols, it said, must align not only with statutory obligations, but also with compassion, practicality, and an understanding of the unique challenges that survivors of sexual violence face.
"Where the victim of sexual assault (major or minor) is accompanied by the investigating officer or has been produced pursuant to direction of a court or CWC, identification proof/ identity card of the victim shall not be insisted upon by hospital and doctor concerned for the purpose of conducting ultrasound or any relevant/ necessary diagnostic procedure. The identification by the IO will suffice in such cases," the verdict said.
The matter at hand related to a minor rape survivor who sought medical termination of pregnancy.
The court issued a slew of directions to all stakeholders to ensure clarity and uniformity in handling cases of sexual assault in which the survivor was pregnant.
The court directed that in all cases, a comprehensive medical examination should be conducted without any delay by the hospital and doctor concerned.
It should be the responsibility of the investigating officer (IO) to identify the victim and ensure that when she is produced before the doctor, hospital or medical board, necessary documents and case file pertaining to the victim are carried by the police officer, the court said.
"In cases of rape victims, where the gestational period exceeds 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 said.
The consent for medical termination of pregnancy should be obtained from the victim or her guardian in the vernacular language understood by them, it noted.
"The hospital administration is directed to make available the latest, updated Standard Operating Procedure (SOP) 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 MTP Act, POCSO Act, and guidelines laid down by the Supreme Court and high courts," the court said.
The minor survivor in the case was turned away by the hospital authorities on the ground that a judicial order was first required before any medical assessment could be carried out by the medical board.
The report prepared by AIIMS recorded that there was an urgency in the matter and clinical indications suggested a pregnancy of about 20 weeks.
However, the attending medical personnel at the hospital declined to conduct an ultrasound on the ground that no identity card of the survivor was available and further insisted on conducting an ossification test on her.
She was not examined by a medical board as it was opined by the doctor concerned that a court order was required since the pregnancy exceeded 24 weeks.
Noting the contradictions and to avoid any confusion, the court passed a specific order directing AIIMS to conduct medical termination of pregnancy (MTP) of the minor rape survivor on May 5 but stressed on passing a reasoned judgment later, addressing the procedural lapses and systemic issues.