BENGALURU: To avoid the trauma faced by rape survivors and their families on crossing 24 weeks gestation period, the Karnataka High Court passed an order to conduct a medical examination of survivors immediately on registration of the First Information Report (FIR) with police, and convey their rights on termination of pregnancy to the victims and their family members.
Under the Medical Termination of Pregnancy Act, 24 weeks is the time limit to terminate a pregnancy, and by the time the court permits to terminate a pregnancy arising out of sexual assault, it may be too late.
“On registration of a sexual offence under Section 376 IPC of the Pocso Act, a medical examination of the victim is done to ascertain if she is pregnant or not. If so, the gestation period is to be ascertained, the physical and mental status of the victim, ability to undergo termination of the pregnancy, any aggravating factors and/or factors which will impinge upon the health and wellbeing of the victim,” said Justice Suraj Govindaraj, while permitting a 17-year-old girl, a victim of sexual assault from Bengaluru Rural district, to undergo termination of medical pregnancy.
The court said that if the victim is found to be pregnant, the Child Welfare Committee (CWC) and/or District Child Protection Unit is to be informed of it by the investigation officer, who in turn is directed to counsel/advise the victim and her family members of the legal options available, like continuance of the pregnancy and consequences thereof, termination of the pregnancy, the process, procedure and consequences, etc. The court further directed that tissue samples of the foetus be preserved if medical termination of pregnancy is being carried out to send to the Forensic Science Laboratory and DNA analysis, and preserve additional samples, if possible, for verification if required.
The court directed the DGP and principal secretary of the Health department to prepare a detailed Standard Operating Procedure by constituting a committee of experts as they deem fit, in respect of the medical examination and circulate it amongst all investigating officers, CWCs, District Child Protection Units, and government hospitals, as also to make available training in this regards to all concerned.