Why in News?
The Delhi High Court has stepped in to address procedural lapses and miscommunication that led to delays in the Medical Termination of Pregnancy (MTP) for a minor rape survivor.
The case exposed systemic flaws in how hospitals and authorities handle MTP in sexual assault cases, particularly those involving minors. It prompted the court to frame detailed guidelines aimed at ensuring timely, sensitive, and legally compliant medical care.
What’s in Today’s Article?
- Background of the Case
- Lapses Identified by the Court
- Guidelines Issued by the Delhi High Court
- Conclusion
Background of the Case:
- A 17-year-old rape survivor was taken to AIIMS, Delhi, for medical examination and MTP.
- Hospital authorities initially refused to conduct an ultrasound due to lack of ID documents, despite the survivor being accompanied by police and an FIR being registered.
- The Child Welfare Committee (CWC) directed termination, but the hospital demanded age verification via ossification test and continued to delay.
- After CWC’s personal intervention, the ultrasound revealed a gestation of 25 weeks and 4 days—beyond the legal limit of 24 weeks under the MTP Act, 1971.
- The hospital refused further action without court orders.
- Following court direction, a medical board assessed the gestation to be 23 weeks and 4 days, finding the survivor fit for MTP.
Lapses Identified by the Court:
- Hospitals applied routine diagnostic protocols rigidly, even in POCSO cases.
- Discrepancy in ultrasound findings raised concerns about medical accuracy.
- Administrative delays resulted in psychological and physical hardship to the survivor.
Guidelines Issued by the Delhi High Court:
- Directions to hospitals:
- Identity verification: No separate ID verification required if the survivor is accompanied by police with FIR and case files.
- Immediate medical attention:
- Mandatory comprehensive examination upon presentation of a pregnant sexual assault survivor.
- In cases where gestation appears over 24 weeks, hospitals must constitute a medical board immediately without waiting for court orders.
- Legal and procedural awareness:
- SOPs, MTP Act, and POCSO guidelines must be accessible in Emergency and Gynaecology departments.
- Doctors to be sensitized and trained in legal obligations under MTP and POCSO Acts.
- Training and accountability:
- Quarterly training for medical staff in coordination with Delhi State Legal Services Authority (DSLSA) and Delhi High Court Legal Services Committee (DHCLSC).
- Appointment of nodal officers in each government hospital to coordinate with CWC, Investigating officers (IOs), and courts.
- Informed consent: MTP consent must be taken in a language understood by the survivor or guardian (Hindi/English).
- Directions to Delhi Police:
- Biannual training: IOs in POCSO cases must undergo mandatory six-monthly training on MTP protocols and court coordination.
- Documentation: Training completion certificates to be filed in service records.
- Prompt medical action: IOs to ensure survivors are brought to hospitals or boards at the earliest opportunity with relevant documentation.
- Earlier guidelines by the Court:
- April 2025 guidelines:
- CWCs must immediately notify DHCLSC when referring to minor survivors with gestational age over 24 weeks for MTP.
- DHCLSC to promptly decide on approaching courts for necessary permissions to avoid delay.
- January 2023 guidelines:
- Mandatory Urine Pregnancy Tests during medical examination of sexual assault survivors.
- Adult survivors found pregnant must be presented to the medical board the same day.
- State governments directed to ensure medical boards are available in hospitals.
Conclusion:
The Delhi High Court's proactive judicial intervention underscores the need for sensitive, efficient, and legally sound procedures in cases involving the MTP of sexual assault survivors.
These guidelines aim to bridge institutional gaps and uphold the fundamental rights of survivors, particularly minors, under the ambit of constitutional and statutory protections.
