Delhi High Court has given clear instructions for police and hospitals on how to handle rape survivors seeking abortion. The Court emphasized no delay, no ID requirement, and timely medical care.
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NEW DELHI: The Delhi High Court has given strong and clear instructions for handling rape and sexual assault survivors who want to end their pregnancy. The Court said that such cases must be taken seriously, and there should be no delay in helping the victim.
Justice Swarana Kanta Sharma said that if any rape or sexual assault victim, whether a minor or adult, is found pregnant, the doctors should do a complete medical examination immediately, without any waiting.
The Investigating Officer (IO), who is handling the case, will be responsible for making sure the victim is brought to the hospital with all important papers like the case file and documents. The Court made it very clear that:
“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.”
This means that if the police or Child Welfare Committee (CWC) brings the victim, the hospital cannot ask for her ID proof. The identification by the IO is enough. This was done to avoid any delay in starting the ultrasound or medical check-up.
The Court also said that if a rape victim’s pregnancy is more than 24 weeks, the hospital must immediately create a medical board to examine her. This has to be done without waiting for any court direction.
“The Board shall conduct the necessary medical examination and prepare an appropriate report at the earliest and place before appropriate authorities, so that an order may be passed without delay when a victim approaches this Court for passing of directions for medical termination of pregnancy.”
The Court also added that whenever abortion (MTP) is done in rape cases, the foetus must be preserved properly. This is because it might be needed in future for DNA tests or other legal procedures.
This important judgment came during a case involving a 17-year-old minor rape survivor. She was taken by the police to AIIMS hospital for a medical check-up and abortion. But the hospital refused to do the ultrasound, saying she had no identity card, even though police were with her. Because of this, her ultrasound got delayed by 13 days.
When the ultrasound was finally done, it wrongly showed her to be over 25 weeks pregnant, and doctors refused to do anything further without a court order.
Later, on the Court’s order, the medical board checked her and found she was actually only 24 weeks pregnant, so no court order was required.
The Delhi High Court said that the behavior of AIIMS in this case was troubling and not acceptable.
To make sure such mistakes don’t happen again, the Court asked the Registrar General to send a copy of this judgment to all important authorities, including:
- Delhi High Court Legal Services Committee
- Delhi Police Commissioner
- Delhi Government
- Central Government
This is to make sure the rules are shared with everyone and followed strictly.
“The Registrar General of this Court is also requested to get this judgment translated into Hindi through the concerned Committee of this Court, and get the same uploaded in the judgment section of the website.”
In this case, the minor rape victim was represented by Advocates Anwesh Madhukar, Prachi Nirwan, Ishat Singh, and Pranjal Shekhar.
State of Delhi was represented by Additional Standing Counsel (Criminal) Amol Sinha, along with Advocates Ashvini Kumar and Kshitiz Garg.
AIIMS Hospital was represented by Advocates Satya Ranjan Swain and Swati Tomar.
CASE TITLE:
Minor S (Thr Mother M) v State & Anr.
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