Rape cases: Delhi HC issues norms for ending pregnancy
NEW DELHI: Underlining the human rights and dignified existence of a rape victim, the Delhi High Court has passed a slew of guidelines to be followed by the investigating officers in cases where the pregnancy of a sexual assault victim exceeds 24 weeks.
The guidelines were issued by single-judge bench of Justice Swarana Kanta Sharma while allowing a 14-year-old rape victim girl to proceed with the medical termination of her 25-week pregnancy, which was beyond the permissible limit of 24 weeks.
“It is not the privacy of the rape victim which is invaded by sexual assault, but her body is wounded and her soul is scared,” the court said in the order, adding it would not be appropriate to expect the minor victim who is a rape victim to take the burden of giving birth and raising a child, especially in a situation where she herself is passing through the age of adolescent. “Doing so, will amount to asking a child to give birth and raise another child,” the court said.
In its guidelines, the court said; “At the time of medical examination of a victim of sexual assault, it will be mandatory to conduct a Urine Pregnancy Test, as in many cases, this Court has noticed that such test is not conducted.”
If the victim is found pregnant and she gives consent for the medical termination of the pregnancy, the investigating officer will ensure that she is produced on the same day before a medical board as envisaged under Section 3 of the Medical Termination of Pregnancy Act, it said further, adding four hospitals in the national capital -- All India Institute of Medical Sciences (AIIMS), Dr.Ram Manohar Lohia Hospital,Safdarjung Hospital, and Lok Nayak Jai Prakash Narayan Hospital, were constituted for the purpose.