NEW DELHI: With the aim of safeguarding minor rape survivors, the Delhi High Court has issued a set of directions to ensure timely legal and medical help, especially in cases where pregnancy has crossed the legally permitted limit for termination.
Justice Swarana Kanta Sharma, while passing the order, noted that young victims of sexual assault, often from poor and marginalised families, are frequently unaware of where to turn or what legal steps to take when facing a pregnancy resulting from such trauma.
The Court said that if a minor rape survivor is found to be pregnant for more than 24 weeks and is brought before the Child Welfare Committee (CWC), the committee must immediately inform the Delhi High Court Legal Services Committee (DHCLSC).
This is crucial, the judge said, as termination of pregnancy at this stage needs urgent permission from the court even if the survivor or her family consents to the procedure.
The Court also clarified what information should be shared with the DHCLSC, this includes non-identifying details about the victim, the CWC’s order, a copy of the FIR, the date the investigating officer produced the child before the CWC, and any other documents necessary to prepare a legal petition.
Once informed, the DHCLSC must act quickly to evaluate whether legal action is needed, particularly in cases where the victim or guardian seeks permission from a court to terminate a pregnancy beyond 24 weeks. The High Court has directed that this guideline be circulated among all CWCs in Delhi and must be strictly followed.
Justice Sharma also reiterated earlier directions passed in 2023, stating that medical boards of concerned hospitals must promptly conduct examinations of minor rape survivors with pregnancies over 24 weeks. This must be done immediately and without requiring the victim to first secure a court order. The medical report should be prepared and kept ready.
The court was hearing a plea involving a 15-year-old girl who had become pregnant after being sexually assaulted by her cousin. Her father had taken her to LNJP Hospital for an abortion, but hospital staff reportedly declined to proceed, saying they could only act after a court granted permission, as the pregnancy had crossed the 24-week limit under the Medical Termination of Pregnancy (MTP) Act.
Justice Sharma expressed disappointment that, despite having already issued clear directions two years ago, hospitals and authorities still delay action in such sensitive cases. She said the court’s intention to make the process efficient and time-bound has not yet been reflected in the reality on the ground.
The judge also sought a written explanation from the Medical Superintendent of LNJP Hospital over the one-week delay in having the Medical Board examine the girl and prepare a report, even though the CWC had already directed the hospital to act. Finally, the court instructed the LNJP Superintendent and the Medical Board to ensure that the girl’s abortion is carried out by qualified doctors in full compliance with the MTP Act.