HC sets guidelines on abortion process for minor rape victims
NEW DELHI, June 3 -- The Delhi high court has laid down comprehensive guidelines for hospitals and police authorities to streamline medical and legal procedures in cases involving minor rape victims seeking termination of pregnancy.
Justice Swarana Kanta Sharma, in a ruling delivered on May 29 and released later, directed hospitals to promptly conduct medical examinations of rape and sexual assault victims and constitute medical boards in cases where pregnancies exceed 24 weeks, without awaiting judicial orders.
"In all cases where a victim of rape/sexual assault is found to be pregnant, a comprehensive medical examination shall be conducted without any delay by the hospital and doctor concerned. In cases of rape victims, where the gestational period exceeds 24 weeks, the Medical Board shall be constituted immediately, and without waiting for any specific direction from the Court, the Board shall conduct the necessary medical examination and prepare an appropriate report at the earliest and place before appropriate authorities, so that an order may be passed without delay when a victim approaches this Court for passing of directions for medical termination of pregnancy," the judge held.
In her 46-page verdict, justice Sharma also directed hospitals not to insist on an identification proof while conducting diagnostic procedures, such as an ultrasound examination, if the victim is accompanied by the investigating officer (IO). "The identification by the IO will suffice in the case," the judgment said while mandating IOs to ensure the victim's production before the hospital along with all necessary case documents.
Further, the court instructed hospitals to preserve foetuses as per legal provisions for future DNA or forensic analysis, and to obtain consent for medical termination in the victim's vernacular language.
The directions come weeks after the court's April 17 order laying down broad procedural norms for facilitating prompt legal and medical assistance in such cases. The aim is to eliminate delays and confusion that often afflict rape survivors navigating the system, particularly minors. The present ruling stemmed from a petition filed by a 17-year-old rape victim who sought termination of her pregnancy. Initially, a medical board assessed her as being over 25 weeks' pregnant, beyond the legal limit for termination without court approval under the Medical Termination of Pregnancy (MTP) Act, 1971. However, a reassessment ordered by the court revealed that the pregnancy was of 23 weeks and 4 days, thus eligible for termination under Rule 3B(2) of the MTP Rules, which covers rape victims and minors.
The victim had lodged an FIR on May 11 under Section 64(1) (rape) of the Bharatiya Nyaya Sanhita and Section 6 (aggravated penetrative sexual assault) of the Pocso Act, alleging repeated sexual assault by the accused on the false promise of marriage, resulting in her pregnancy.
Despite being accompanied by the investigating officer, AIIMS staff on May 11 refused to perform an ultrasound test, citing the absence of a valid identity proof. The victim had also informed doctors that she had been burned with a lighter by the accused. Even after the Child Welfare Committee (CWC) intervened on May 14 and directed the hospital to conduct the ultrasound test, AIIMS insisted on ID verification and an ossification test for age determination. It was not until May 24 -- 13 days after her first hospital visit - that the ultrasound test was finally performed. Yet, the hospital again refused to convene a medical board, claiming the foetus was over 25 weeks' old and that a court order was needed.
It was only after the high court's intervention that a medical board examined the girl and clarified that the pregnancy was still within 24 weeks. The doctor later conceded before the court that a judicial order was, in fact, not necessary under the circumstances.
Taking a dim view of AIIMS' conduct, justice Sharma criticised the hospital's contradictory reports and procedural rigidity. She observed that the institution's insistence on identity proof, conflicting gestational age assessments, and delay in forming the medical board highlighted a "troubling lack of coordination and seriousness".
"The manner in which this victim was dealt with, particularly the conflicting reports regarding a matter as crucial as gestational age, making the victim wait from 13.05.2025 to 27.05.2025 for conducting an MTP despite order of CWC, reflects a troubling lack of coordination and seriousness. The hospital authorities of all hospitals where such victims are brought are directed to take this as a reminder of the sensitivity and care such cases demand," the court noted.
To ensure these directions are implemented in letter and spirit, the court ordered all government hospitals to hold quarterly training programmes for doctors in collaboration with the Delhi State Legal Services Authority or Delhi High Court Legal Services Committee. Each hospital must also designate a dedicated nodal officer to coordinate MTP and medico-legal processes for sexual assault victims.
The court further directed the Delhi Police to mandate biannual training for IOs handling Pocso and sexual assault cases. These sessions must focus on MTP procedures, judicial directives, and inter-agency coordination. Certificates of completion are to be maintained in the officers' service records, the court said....
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