NEW DELHI: The Delhi HC has issued a series of directions to ensure timely and sensitive handling of medical termination of pregnancy (MTP) in cases involving survivors of sexual assault.
Justice Swarana Kanta Sharma ordered that in all cases where a survivor of rape or sexual assault is found to be pregnant, a comprehensive medical examination should be conducted without any delay.
It will be the responsibility of the investigating officer (IO) to identify the survivor and ensure that, when she is produced before the medical board, the necessary documents, case file, etc., are carried.
“Where the survivor of sexual assault (major or minor) is accompanied by the Investigating Officer or has been produced pursuant to a direction of a Court or Child Welfare Committee (CWC), identification proof/identity card of the survivor shall not be insisted upon by the hospital and the doctor concerned for the purpose of conducting an ultrasound or any relevant/necessary diagnostic procedure. The identification by the IO will suffice in such cases,” the judge said.
In cases of rape survivors where the gestational period exceeds 24 weeks, the medical board shall be constituted immediately without waiting for any specific direction from the Court, the Court clarified.
“The Board shall conduct the necessary medical examination and prepare an appropriate report at the earliest and place it before the appropriate authorities, so that an order may be passed without delay when a survivor approaches this Court for passing of directions for medical termination of pregnancy,” the Bench ordered.
The Court added that in all cases where MTP is conducted for a rape survivor, the foetus shall be preserved properly so that it may be sent in the future for DNA analysis or other forensic purposes.
Justice Sharma framed these guidelines while dealing with the plea of a 17-year-old rape survivor who was taken to the All India Institute of Medical Sciences (AIIMS) for medical examination and MTP.
The hospital initially refused to conduct her ultrasound because she was not carrying any identity card, even though the police were accompanying her. When the ultrasound was performed after a delay of 13 days, she was found to be over 25 weeks pregnant. She was not examined by the medical board because the doctor said that a court order would be required since the pregnancy had exceeded the statutory limit.
On the orders of the Court, a medical board examined her and found that she was only 24 weeks pregnant, and there was no need for a court order. The Bench, in its order on May 29, said that the conduct of AIIMS in this case was troubling.