Delhi High Court Issues Guidelines For Prompt Legal Guidance To Minor Rape Victims Seeking Medical Termination Of Pregnancy
The Delhi High Court has issued slew of guidelines for providing prompt and appropriate legal guidance and medical support to minor rape victims who have to undergo medical termination of pregnancy.Justice Swarana Kanta Sharma observed that victims of sexual assault, particularly those who are minors and come from socio-economically disadvantaged backgrounds, often remain unaware of...
The Delhi High Court has issued slew of guidelines for providing prompt and appropriate legal guidance and medical support to minor rape victims who have to undergo medical termination of pregnancy.
Justice Swarana Kanta Sharma observed that victims of sexual assault, particularly those who are minors and come from socio-economically disadvantaged backgrounds, often remain unaware of the appropriate legal forum to approach or the procedure to be followed in cases involving termination of pregnancy resulting from sexual assault.
The Court directed that whenever a minor victim of sexual assault, who is found pregnant with a gestational period of pregnancy exceeding 24 weeks, is produced before a CWC and is referred to a hospital for medical examination or medical termination of pregnancy, the concerned CWC shall forthwith inform the Delhi High Court Legal Services Committee (DHCLSC) regarding the case.
The direction was passed keeping in light the fact that in case, medical termination of pregnancy is sought and consent is given by the victim or her family, an urgent order from a Court of law will be required for such medical termination of pregnancy.
The Court said that the communication to DHCLSC shall include the details of the victim without disclosing the identity, the order passed by CWC, the copy of the FIR, when was the victim produced before CWC by the IO and any other document relevant for filing a petition before the competent Court.
It added that on receiving such information, DHCLSC shall immediately take appropriate steps to assess whether any legal intervention is required, including the need to approach the competent Court seeking an order for medical termination of pregnancy which is beyond 24 weeks in case of a rape victim where she or her guardian seek medical termination of pregnancy.
“The above direction shall be circulated to all CWCs functioning in the National Capital Territory of Delhi and shall be scrupulously followed,” the Court said.
It reiterated its earlier direction of 2023 that the medical examination of a minor rape victim carrying a pregnancy beyond 24 weeks must be conducted immediately by the Medical Board of the concerned Hospital in terms of the MTP Act, and the report be prepared and kept ready without insisting the victim to first approach a Court of law for obtaining an order for medical examination by the Board.
The Court was dealing with the case of a 15-year-old minor rape victim seeking permission for the medical termination of a pregnancy exceeding 27 weeks. Sexual assault was committed upon the minor by her cousin.
When the victim's father approached LNJP Hospital for medical termination of the pregnancy, the request was verbally denied since the gestational age of the foetus had exceeded the permissible limit prescribed under the MTP Act. The father was told that termination of pregnancy can be carried out only after appropriate directions from the competent Court of law are issued.
Justice Sharma expressed her regret that despite passing detailed directions almost two years back on the issue, a minor rape victim is left for days awaiting a Court's order or an action by the Medical Board for medical termination of pregnancy.
Observing that the situation on ground level remains largely unchanged, the Court said that fhe intent to expedite and streamline the process for termination of a pregnancy conceived as a result of sexual assault has, regrettably, not translated into effective and time-sensitive action.
The Court sought an explanation from the Medical Superintendent of LNJP Hospital as to why there was a delay of one week in conducting the medical examination of the victim through the Medical Board and in preparing the report, despite the victim having been produced before the Hospital in compliance with the orders of the CWC and despite directions issued to the hospitals in 2023.
It further directed the Superintendent of LNJP Hospital and the Medical Board to ensure that the termination of pregnancy of the minor victim is undertaken by competent doctors in accordance with the MTP Act.
Title: MINOR S (THR. FATHER B) v. State & Anr
Citation: 2025 LiveLaw (Del) 453