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Business Standard
a day ago
- Health
- Business Standard
Hosps shouldn't insist on ID proof of rape survivors seeking abortion: HC
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.
NDTV
a day ago
- Health
- NDTV
Hospitals Shouldn't Insist On ID Proof Of Rape Survivors Seeking Abortion: High Court
New Delhi: 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, would 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 grounds 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.
The Hindu
a day ago
- Health
- The Hindu
Hospitals shouldn't insist on ID proof of rape survivors seeking abortion: Delhi HC
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. Court to doctors on treatment to survivors of sexual violence 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. Consent for medical termination of pregnancy 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.
Hindustan Times
a day ago
- Health
- Hindustan Times
Hospitals shouldn't insist on ID proof of rape survivors seeking abortion: Delhi HC
New Delhi, 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 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 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 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 of the minor rape survivor on May 5 but stressed on passing a reasoned judgment later, addressing the procedural lapses and systemic issues.
Indian Express
a day ago
- Health
- Indian Express
‘Don't insist on ID': Delhi HC issues further guidelines on medical termination of pregnancy in minor rape survivors
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.
