Karnataka High Court Issues Guidelines For Early Detection Of Pregnancy In Minor Rape Survivors, Protecting Their Health & Mental Wellbeing

The Karnataka High Court has directed that immediately upon registration of a sexual offence under Section 376 of IPC or the POCSO Act, a medical examination of the victim must be made.

The Court directed for such medical examinations to ascertain amongst others—--if the victim was pregnant or not, the physical and mental status of the victim, and the ability to undergo the medical termination of the pregnancy, if needed,  and aggravating factors which may impinge upon the health and wellbeing of the victim.

Court further clarified that in the event of the victim being found to be pregnant, the Child Welfare Committee and/or District Child Protection Unit would be informed of the same by the Investigation officer, who in turn would counsel/advise the victim and her family members of the legal options which were available to them.

A single judge bench of Justice Suraj Govindaraj while allowing a petition filed by a 17-year-old, sexual assault victim to medically terminate her pregnancy, held, “There are several cases of minor pregnancy which are being reported arising out of alleged sexual offences in pursuance of which FIRs have been registered and prosecution initiated. It is only subsequent to the filing of FIR during the course of investigation and/or sometimes even much later that a wish or desire is expressed by the victim of such an offence for termination of the pregnancy caused out of such offence, for various reasons some of which have been put forth by the petitioner in the present matter. 

Most of the time, by the time such a wish is expressed the gestation period would have crossed 24 weeks which is the permissible period under the Medical Termination of Pregnancy Act, 1971 any delay thereafter would require permission to be obtained from this Court.”

The Court further noted that at present, for terminating the pregnancy of a minor rape survivor, which had crossed 24 weeks, a Medical Board needs to be constituted to ascertain whether such a procedure for termination of pregnancy can be carried out or not and based on the recommendation of the board, orders are passed.

During this entire period, there is severe mental trauma which is caused to the petitioner as well as her family members which can well be avoided if at the time of registration of the FIR itself her rights as regards termination of medical pregnancy caused out of such sexual offences are conveyed to both the victim and her family,” it held.

Following this, it issued the following guidelines:

i) Immediately on registration of a sexual offence under Section 376 of IPC or under the POCSO Act, a medical examination of the victim be made to ascertain amongst others if she is pregnant or not, if so the gestation period to be ascertained, the physical and mental status of the victim, the ability to undergo the medical termination of the pregnancy, any aggravating factors and/or factors which will impinge upon the health and wellbeing of the victim.

ii) In the event of the victim is found to be pregnant, the Child Welfare Committee and/or District Child Protection Unit, as the case may be, is directed to be informed of the same by the Investigation officer, who in turn are directed to counsel/advice the victim and her family members of the legal options which are available like the continuance of the pregnancy and consequences thereof, the termination of the pregnancy, the process, procedure and consequences thereof etc.

iii) Such counselling is to be carried out in a language known to the victim, if necessary, by making use of suitable translators. All questions asked by the victim and her family members are to be answered in a language known and understood by them so that there is no miscommunication.

iv) In the event of Medical Termination of Pregnancy being carried out the tissue samples of the fetus to be sent to the Forensic Science laboratory for DNA analysis, if possible to preserve additional samples for verification if required.

v) Follow up checks to be done to ascertain the physical and mental well being of the victim.

vi) The Director General of Police along with the Principal Secretary Health, Government of Karnataka, to get prepared a detailed Standard operating procedure by constituting such committee of experts as they deem fit, in respect of the above and circulate it amongst all investigating officers, Child Welfare Committees, District Child Protection Units, government hospitals, as also to make available training in this regards to all concerned.

vii) The Legal services authority to take into account the surrounding factors and release such compensation as permissible to the victim and her family for her immediate requirements.

These directions were given after the schoolgoing minor approached the court submitting that if she were to continue with the pregnancy, she would not be able to study and that she would not be able to mingle in society, which would affect her both physically and psychologically.

Accordingly, she wished to terminate the pregnancy which violates the integrity of her body and on account of going through severe mental trauma which would persist wishes to terminate her pregnancy.

The bench thus constituted a Medical Board in terms of sub-Section [2C] of Section 3 of the Medical Termination of Pregnancy Act, 1971 and on receipt of the opinion, said: “In view of the said report not indicating any contra-indications and/or any aspect which may endanger the petitioner if Medical Termination Pregnancy procedure is resorted to, I am of the considered opinion that the said request can be favourably considered.”

It concluded that if the victim wishes to terminate the pregnancy which has been forced on her, the said request would have to be considered favourably.

Appearance: Advocate Prasanna Kumar P for Petitioner.

AGA Naveenchandrashekar for R1, R2, R4 TO R6.

Advocate Shilpa Rani FOR R3

Citation No. 2023 LiveLaw (Kar) 476

Case Title: Ms X v State of Karnataka & Others

Case No: Writ Petition No. 27563 OF 2023

Click Here To Read/Download Order