Delhi HC Expresses Displeasure With Police, Hospitals For Not Ensuring Prompt Medical Examination Of Rape Victim Seeking To Terminate Pregnancy

The Delhi High Court has expressed strong displeasure over non-compliance of its directions regarding medical termination of pregnancy of rape victims by the Delhi Police and hospitals in the national capital, observing that it is being complied with only on paper but not in spirit.

Justice Swarana Kanta Sharma said that the directions were passed in January keeping in mind that every day, every hour, every minute of pregnancy which is a result of sexual assault, is not only traumatic and affects the psychological health of a victim and her family, but also is critical for her physical health and welfare, in case its termination is to take place.

The court was referring to its judgment in Minor R Thr. Mother H v. State (NCT of Delhi) 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 court had passed directions to ensure that precious time for medical termination of pregnancy of rape victims is not lost in the process of seeking directions from court for constituting a medical board and issuance of orders thereafter.

Dealing with an unfortunate case where a 16 year old minor girl approached court seeking medical termination of pregnancy of gestational period of 25 weeks due to sexual assault by her uncle, Justice Sharma said that the directions regarding lapses committed in medical assistance, examination as well as medical termination of pregnancy in relevant cases cannot be taken lightly by anyone concerned.

The court was informed by the investigating officer and the victim’s counsel that when they had approached the concerned hospital, the doctors refused to give an opinion regarding medical termination of pregnancy in absence of a judicial order.

The court said the hospital and the doctors concerned were duty bound to give their medical opinion as to whether the minor victim of sexual assault was fit to undergo medical termination of pregnancy.

“Therefore, this Court notes with strong sense of disapproval that the doctors concerned had not given any opinion regarding termination of pregnancy of the victim of sexual assault despite directions of this Court and notification constituting medical boards in this regard issued by Government of NCT of Delhi in compliance of order of this Court,” the court said.

Granting relief to the minor, Justice Sharma directed that the victim be produced before the Superintendent of Guru Teg Bahadur Hospital on Saturday and is examined immediately by the Medical Board constituted at the hospital.

“In case the Medical Board opines that the victim herein is physically and mentally fit to undergo medical termination of pregnancy, the Superintendent, Guru Teg Bahadur Hospital, Delhi shall ensure that all necessary arrangements are made for the purpose of medical termination of her pregnancy which shall be conducted at the earliest and preferably within 24 hours of obtaining opinion of Medical Board,” the court said.

It added that if the child is born alive despite the attempts at medical termination of the pregnancy, the Superintendent shall ensure that everything, which is reasonably possible and feasible in the circumstances, is offered to the child and the Child Welfare Committee concerned shall do the needful in accordance with law.

“In these circumstances, this Court unequivocally directs that in future, such lapse on the part of concerned authorities will be treated seriously as such lapses can adversely affect the physical well-being of child victim, and each passing day poses threat to the life of minor victim and also makes it difficult to carry out medical termination of pregnancy,” the court said.

Furthermore, Justice Sharma directed the Commissioner of Delhi Police to ensure that the court’s directions issued are circulated to all SHOs and IOs in the national capital for necessary compliance.

The court also added that the Director of Delhi Police Academy shall ensure that the necessary information regarding the issue is incorporated in the training curriculum.

“The Secretaries of Ministry of Health & Family Welfare, Government of NCT of Delhi, and Ministry of Health & Family Welfare of India shall ensure that the aforesaid directions are circulated in all the Government as well as Private Hospitals in Delhi for necessary information and compliance. The Secretary, DSLSA is directed that necessary information regarding the directions issued by this Court shall be made available and uploaded on the websites of DSLSA,” the court said.

Counsel for Petitioner: Mr. Anwesh Madhukar (DHCLSC) with Ms. Prachi Nirwan, Mr. Devesh Khanagwal, Advocates

Counsel for Respondents: Mr. Yasir Rauf Ansari, ASC (Criminal) for the State with Mr. Alok Sharma, Mr. Vasu Aggarwal, Advocates

Title: MINOR L THR GUARDIAN J v. STATE & ANR.

Citation: 2023 LiveLaw (Del) 1055

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