In W.P. (CRL) 3239/2023 -DEL HC- Delhi High Court slams doctors & police for ignoring court orders on medical termination of pregnancy for rape victims; Directs immediate medical examination & possible termination of pregnancy for 16-year-old sexual assault victim despite 25-week gestation period
Justice Swarana Kanta Sharma [03-11-2023]

Read Order: Minor L Thr Guardian J V. State & Anr

Chahat Varma

New Delhi, November 6, 2023: The Delhi High Court has recently ordered immediate medical termination of pregnancy for a 16-year-old sexual assault victim who was 25 weeks pregnant and slammed doctors and police for delaying the procedure.

By way of this petition, the medical termination of pregnancy of the victim was sought, since the minor victim in this case, had conceived due to sexual assault. The petitioner had approached this court seeking issuance of directions for forming of medical board, submitting an opinion qua the medical termination of pregnancy of the victim child petitioner and for medical termination of the pregnancy of petitioner/victim.

The single-judge bench of Justice Swarana Kanta Sharma observed that the victim in the present case, had not yet been examined by a Medical Board as required under the Medical Termination of Pregnancy Act, 1971.

The bench referred to Minor R Thr. Mother H v. State (NCT of Delhi) [LQ/DelHC/2023/346], wherein the Delhi High court had passed guidelines and directions to ensure the timely and efficient medical termination of pregnancy for victims of sexual assault. The court had emphasized the importance of avoiding delays in the process of seeking medical examination and termination of pregnancy for victims who are already beyond 24 weeks of pregnancy. The directions in the case were passed considering the traumatic and detrimental effects on the victim's physical and psychological health, as well as the welfare of the victim and her family.

The bench expressed strong disapproval towards the doctors and investigating officer for not complying with the court's directions regarding the termination of pregnancy of a victim of sexual assault. The court observed that despite the court's directions and the government's notification constituting medical boards for such cases, the doctors did not provide any opinion on the termination of the pregnancy. The investigating officer also did not submit a written application seeking a medical opinion from the hospital.

“.....the situation at hand presents a perfect example of the judicial orders passed by this Court being complied with on paper but not in its spirit, thereby compromising the physical well-being of the victim,” said the bench.

Consequently, the court ordered the victim to be immediately brought to Delhi's Guru Teg Bahadur Hospital for a medical examination by a medical board. If the board finds that she is physically and mentally fit for a medical termination of pregnancy, the hospital must make all necessary arrangements for the procedure, preferably within 24 hours. If the child is born alive despite the termination attempts, the hospital must provide appropriate care and assistance, and the Child Welfare Committee will take action in accordance with the law. The hospital must file a compliance report within 24 hours of the termination. However, if the medical board finds that the victim is unfit for termination, it must file a medical report with the court with its observations. The court will take further action once it receives the compliance report.

Further, the court clarified that it was not issuing a contempt notice or taking action against the hospital or investigating officer in this specific case because they had not been adequately informed of the court's previous directions. However, the court warned that such lapses in the future would be taken seriously, as they could have a negative impact on the physical well-being of child victims.