Delhi High Court Asks Centre To Issue Instructions To Hospitals To Ensure Identity Of Minor Rape Victims In MTP Cases Is Not Revealed

The Delhi High Court has directed the Union Government to issue appropriate instructions to all hospitals to ensure that the identity of minor rape victims undergoing medical termination of pregnancy is not revealed and the record is kept confidential.

Justice Anoop Kumar Mendiratta was dealing with a plea moved by a 16 year old minor girl seeking termination of her pregnancy of approximately 26 weeks.

It was her case that she was allegedly sexually assaulted in March but the pregnancy was only detected on August 27 when she complained of pain in the abdomen and was taken to a hospital.

She alleged that she was sexually assaulted by one of the tenants who had thereafter left. An FIR was registered for rape and under POCSO Act.

During the proceedings, the court noticed that the name of victim was inadvertently entered for the purpose of examination in the OPD slip.

Allowing the plea, the court ordered:

“….Director General, Health Services, Ministry of Health and Family Welfare, Government of India is directed to issue suitable instructions to all the concerned hospitals to ensure that identity of victim in such cases is not revealed and the record is kept confidential.”

The court sought a compliance report in the matter within four weeks.

It observed that the suffering of the minor victim would be compounded if she is forced to continue the pregnancy at a tender age.

It said that victim has the ultimate right whether to give birth to the conceived child or to terminate the pregnancy and her opinion has to be given primacy.

“This Court is cautious of the fact that though the pregnancy is of 26+5 weeks of gestation but the risks associated with termination of pregnancy is not higher than the risk of delivery at full term of pregnancy. Merely because there is no foetal abnormality, it cannot be held that the reproductive choice of the victim may be curtailed,” the court said.

Justice Mendiratta also said that unwanted pregnancy constitutes a grave injury to the mental health of the rape survivor or victim, which was also confirmed in the opinion given by the Medical Board.

The court directed the minor to undergo the procedure for medical termination of pregnancy immediately.

It added that though the procedure was duly informed to the minor and she had given an informed consent to the same along with her mother, but, if at any stage, the victim wanted to change her mind, the same shall be duly given consideration by the concerned medical team.

Title: MINOR N THR MOTHER P v. STATE OF NCT OF DELHI AND ANR.

Citation: 2024 LiveLaw (Del) 990

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