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Synopsis

The Delhi High Court, recently, issued comprehensive guidelines to ensure that victims of sexual assault receive timely legal assistance and appropriate medical support. These guidelines were issue in a petition filed by a 15-year-old child victim of sexual assault seeking permission to terminate a pregnancy exceeding 27 weeks. 

The bench led by Justice Swarana Kanta Sharma observed that the victim’s family lacked awareness of the proper legal procedure, which resulted in a delay in reaching the appropriate forum. The court remarked that this delay, at a stage where time was crucial for a minor carrying a pregnancy of over 27 weeks, underscored the pressing need for a more efficient and coordinated response from all relevant stakeholders.

The minor child was sexually assaulted by her own first cousin, her paternal aunt’s son, when her parents were away attending a marriage in Uttar Pradesh. The victim was at home with her younger sister, who was sleeping and did not wake up despite her attempts to call. Later, when the victim did not get her period, the mother inquired and discovered that she was 25 weeks and 6 days ± 2 pregnant. 

Further, upon medical examination, the victim revealed the details of the sexual assault to the doctor and presented her wish to terminate the pregnancy. The victim has approached the LNJP Hospital through her father, but was denied since the gestational age of the foetus had exceeded the permissible limit prescribed under the MTP Act. 

Since the parents and the victim were unaware of the legal prcedure to obtain necessary court permission, they approached the trial court, which declined to pass any order for want of jurisdiction. Resultantly, the family approached the High Court. 

The court emphasized the directions passed in the case of Minor R Thr. Mother H v. State (NCT of Delhi). Pursuant to the same, the Government had issued a notification, through which permanent Medical Boards under Section 3 of the MTP Act were constituted in thirteen hospitals across the city. 

The court highlighted that the objective behind such directions were to ensure that the medical examination of a minor rape victim carrying a pregnancy exceeding 24 weeks be conducted without delay, and the medical report be prepared and kept ready for submission whenever the victim or any authorised person on her behalf approached the competent court for directions regarding termination of pregnancy.

The court noted that permanent Medical Boards were set up in eight government hospitals (both State and Central) and five private hospitals. This was intended to ensure effective implementation of the court’s directions, in both letter and spirit. It was further expected that these Boards would not await a court order before conducting a medical examination of the victim and preparing a report assessing the feasibility of terminating a pregnancy resulting from sexual assault where the gestational period had exceeded 24 weeks and the victim, or someone on her behalf, had expressed willingness for such termination.

However, after examining the facts and circumstances of this case, the court expressed regret that despite the issuance of such directions over two years ago, the implementation remained ineffective.

The court stated, “despite the above directions being issued by this Court, more than two years back, clarifying the position and also expressing its anguish as to how a victim, who is pregnant due to rape committed upon her, is left for days together awaiting a Court’s order or an action by the Medical Board for medical termination of pregnancy, a judgment which was circulated to all the Hospitals in Delhi and resulted into a notification being issued by the Government of Delhi – the same was of no help to the victim herein”. 

The court was informed that confusion and ambiguity continued to persist despite the aforementioned directions. Hospitals still insisted on production of a court order before obtaining the opinion of the Medical Board in cases involving rape victims carrying pregnancies beyond 24 weeks. The court noted that once again, the permanently constituted Medical Board failed to act in accordance with the court’s directions, resulting in avoidable loss of time. 

The court also remarked, “The trauma faced by the victim, of being sexually assaulted by her first cousin, multiplied by almost seven months of silence having been threatened by him and she being child, not able to disclose it even to her immediate family, cannot be brushed aside”. 

This court, therefore, sought an explanation from the Medical Superintendent of LNJP Hospital regarding the delay in conducting the medical examination and preparing the report, despite the victim being presented on April 9, 2025.

Before concluding, the court highlighted the recurring issue where victims of sexual assault, particularly minors from disadvantaged backgrounds, remained unaware of the appropriate legal forum for seeking relief. In this case, the victim’s family initially approached a Trial Court that lacked jurisdiction. Only later, with the help of the Delhi High Court Legal Services Committee (DHCLSC), was the matter brought before the High Court. This delay, despite time being of the essence, underscored the need for better coordination.

Therefore, to curb this issue, the court issues further directions to ensure that such confusion or delay is avoided in the future, and that victims of sexual assault are provided prompt and appropriate legal guidance and medical support.
“i. Whenever a minor victim of sexual assault, who is found pregnant with a gestational period of pregnancy exceeding 24 weeks, is produced before the CWC and is referred to a hospital for medical examination or medical termination of pregnancy, the concerned CWC shall forthwith inform the Delhi High Court Legal Services Committee (DHCLSC) regarding the case, since in case, medical termination of pregnancy is sought and consent is given by the victim or her family, as the case may be, an urgent order from a Court of law will be required for such medical termination of pregnancy. The communication shall include the details of the victim as permitted under law (without disclosing the identity of the victim), the order passed by CWC, the copy of the FIR which is placed before CWC, when the victim is produced before it, by the IO and any other document relevant for filing a petition before the competent Court. 
ii. Upon receiving such information, DHCLSC shall immediately take appropriate steps to assess whether any legal intervention is required, including the need to approach the competent Court seeking an order for medical termination of pregnancy which is beyond 24 weeks in case of a rape victim where she or her guardian seek medical termination of pregnancy. This will enable DHCLSC to take timely action, and where necessary, ensure that the matter is brought before the competent court without delay. 
iii. The above direction shall be circulated to all CWCs functioning in the National Capital Territory of Delhi and shall be scrupulously followed. 
iv. To conclude, this Court reiterates that, as directed in the judgment titled Minor R Thr. Mother H v. State (NCT of Delhi) (supra) dated 25.01.2023, as well as in the judgment titled Minor L Thr. Guardian J v. State & Anr. (supra) dated 03.11.2023, the medical examination of a minor rape victim carrying a pregnancy beyond 24 weeks must be conducted immediately by the Medical Board of the concerned Hospital in terms of the MTP Act, and the report be prepared and kept ready, without insisting the victim to first approach a Court of law for obtaining an order for medical examination by the Board”. 

For Petitioner: Advocates Prachi Nirwan and Anwesh Madhukar
For Respondent: Additional Standing Counsel Rupali Bandhopadhya with Advocate ​​Abhijeet Kumar
Case Title: Minor S (Thr. Father B) v State (2025:DHC:2710)