Rape Victims Be Taken To Hospital For MTP Within 24 Hours Even When Gestation Period Less Than 20 Weeks: Delhi High Court

The Delhi High Court on Wednesday issued various guidelines to be followed by the doctors and the Delhi Police while dealing with cases of medical termination of pregnancy of victims of rape.

Justice Swarana Kanta Sharma directed that where an order for medical termination of pregnancy has been passed, the Delhi Police’s Investigating Officers must produce the victim before the concerned hospital for conducting the procedure within 24 hours, even in cases where the gestation period of the pregnancy is less than 20 weeks.

The court also directed the Delhi Government’s Department of Health and Family Welfare and Union Ministry of Health and Family Welfare to ensure that the existing guidelines or Standard Operating Procedure for conducting examination of the victims of sexual assault are circulated in all the hospitals in the national capital.

“The abovesaid Ministries are also directed to circulate the additional directions contained in the present judgment which be added to the existing SOPs, that in case the victim is pregnant and there are orders for medical termination of pregnancy including for preservation of fetus, the investigating officer will place such order before the Superintendent of the hospital concerned, who will ensure that the doctor concerned who is assigned the duty of medical termination of pregnancy conducts the same with utmost caution,” the court said.

It added that the concerned doctor conducting medical termination of pregnancy will ensure that the foetus is preserved and the victim is not discharged in a hurry, which may result in putting the life of the victim in danger and loss of evidence in a sexual assault case.

“…in cases where medical examination of a victim of sexual assault is conducted, all the hospitals concerned will ensure that alongwith the original MLC as well as discharge summary of such victim, a typed copy of the same is also prepared by the concerned hospital and provided to the investigating officer within a period of one week,” the court ordered.

Justice Sharma said that the typed MLC can also be sent to the investigating officer through electronic means to save the time of the investigating officer and the concerned hospital.

The court said that the directions will be read in addition to a judgment delivered by it in January wherein guidelines were issued to the investigating officers to be followed in rape and sexual assault cases where victim's pregnancy exceeds 24 weeks.

“The aforesaid directions of this Court be circulated, within 15 days of issuance of this order and its receipt by the Ministry of Health and Family Welfare, Government of India, and Department of Health and Family Welfare, Government of NCT of Delhi in all the hospitals in Delhi. Compliance report be filed within 2 months before this Court,” the court said.

Justice Sharma made the observations while denying bail to a man accused of repeatedly raping a 16-year-old. She was found to be four weeks and five days pregnant.

“When a minor seeks a medical termination of pregnancy, doctors must ensure that the process is conducted in compliance with the prevailing laws and regulations, with utmost sensitivity to the minor's age and maturity level,” the court said.

It added that such cases must be approached with empathy, thereby ensuring that the minor feels safe and supported throughout the process.

Title: NABAL THAKUR (IN J.C.) v. THE STATE

Citation: 2023 LiveLaw (Del) 670

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