Explain Pros And Cons Of Medical Termination Of Pregnancy To Rape Victims In Mother Tongue: Delhi High Court Directs Police, Medical Board

The Delhi High Court has directed the investigating officers of Delhi Police and medical board to explain the pros and cons of medical termination of pregnancy to the rape victims and her guardians (in case of minors) in mother tongue, be it Hindi or English language.

“This Court orders that henceforth, in cases of medical termination of pregnancy in rape cases, the pros and cons of the medical termination of pregnancy will be explained in Hindi wherever the victim and her guardian in case of a minor victim understands Hindi, or English where they understand the said language,” Justice Swarana Kanta Sharma said.

The court observed that the explanation about medical termination of pregnancy in the language spoken and understood by the victim and her guardian are of utmost importance and thus, every endeavour be made by the investigating officer and the Medical Board that the same is explained in mother tongue.

“Medical termination of pregnancy involves mental and physical repercussion which may last for a life time and therefore, the procedure to be followed cannot be a routine or business like exercise. The most vital strength in such cases can often come from the doctors who examine such victim and explain to them the pros and cons,” the court said.

Justice Sharma further said that the court expects and hopes that the directions will not only be followed in the letter but also in spirit which necessarily include empathy, sensitivity and support that such victims require in abundance.

“A copy of this order be forwarded to (i) Commissioner of Police, Delhi, (ii) Secretary, Ministry of Health & Family Welfare, Government of NCT of Delhi, (iii) Secretary, Ministry of Health & Family Welfare of India, for ensuring circulation of aforesaid directions and necessary compliance,” the court said.

Justice Sharma was dealing with a 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.

On November 03, the court had directed the Medical Board constituted at Guru Teg Bahadur Hospital to examine the minor victim’s condition the next day. Yesterday, the matter was taken up on urgent mentioning as the victim took a stand that she was not willing to undergo medical termination of pregnancy.

The court was informed by the minor that she was under the fear of losing her life in the process of medical termination of pregnancy, as the doctors had explained to her the danger to her life.

However, after interaction, the victim said that she wanted the pregnancy to be medically terminated. The same was reiterated by the minor’s guardian who was her paternal aunt.

Accordingly, the court ordered that the victim be produced again before the Medical Superintendent and the Medical Board which will explain to her the pros and cons of the medical termination of pregnancy.

Justice Sharma noted that the medical report sent to the court did not mention that the victim was informed that she will loose her life. Observing that there was some miscommunication, the court said that the Medical Board had rather opined that medical termination of pregnancy was possible and the victim was mentally fit to take a decision.

“This Court also directs that the Medical Board will explain the pros and cons of the medical termination of pregnancy, as well as pros and cons of continuing with the pregnancy if any, to the victim and her guardian in Hindi which is her mother tongue so that there is no miscommunication. The communication so made and the consent whether in affirmative or negative of the victim and her guardian be also obtained in her mother tongue in Hindi on the medical examination report and be sent to this Court,” the court said.

The matter will now be heard today at 3 PM.

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) 1063

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