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Synopsis

The Delhi High Court on Wednesday issued guidelines for doctors and Delhi police in cases of medical termination of pregnancy of rape survivors.

Justice Swarana Kanta Sharma said, "Doctors play a crucial role in such sensitive cases, especially when minors are involved. They must prioritize the health and well-being of their patients while being mindful of the legal and ethical complexities surrounding the procedure.

“When a minor seeks a medical termination of pregnancy, doctors must ensure that the process is conducted in compliance with the prevailing laws and regulations, with utmost sensitivity to the minor's age and maturity level”, Justice Sharma said.

“Doctors also have a duty to communicate effectively with such minor patients, explaining the medical procedures, potential risks, and available alternatives…Doctors should also provide clear instructions on post-operative care, including any necessary medications, activity restrictions, and signs of potential complications”, she added.

The court was dealing with the bail plea filed by a man, Nabal Thakur. He had been accused of repeatedly raping a 16-year old, who was found to be four weeks and five days pregnant.

The single-judge bench directed the Department of Health and Family Welfare, Government of NCT of Delhi and Ministry of Health and Family Welfare, Government of India to ensure that the existing guidelines/Standard Operating Procedure for conducting examination of the victims of sexual assault are circulated in all the hospitals in Delhi.

“The abovesaid Ministries are also directed to circulate the additional directions contained in the present judgment which be added to the existing SOPs, that in case the victim is pregnant and there are orders for medical termination of pregnancy including for preservation of fetus, the investigating officer will place such order before the Superintendent of the hospital concerned, who will ensure that the doctor concerned who is assigned the duty of medical termination of pregnancy conducts the same with utmost caution”, the court ordered.

Court also directed that the IO concerned to produce the victim for the purpose of medical termination of pregnancy within 24 hours of passing of such order before the Superintendent of the concerned hospital, even in cases where the gestation period of the pregnancy is less than 20 weeks as in the present case.

It added that the doctor concerned will ensure that the fetus is preserved and the victim is not discharged in a hurry, resulting in putting the life of the victim in danger and loss of evidence in a sexual assault case.

“…it is directed that in cases where medical examination of a victim of sexual assault is conducted, all the hospitals concerned will ensure that along with the original MLC as well as discharge summary of such victim, a typed copy of the same is also prepared by the concerned hospital and provided to the investigating officer within a period of one week”, it further directed.

The court also said that the typed MLC can also be sent to the investigating officer through electronic means to save the time of the investigating officer and the concerned hospital.

Furthermore, the court said that these guidelines will be read in addition to the guidelines issued by the High Court in Minor R Thr Mother H v. State NCT of Delhi on January 25, this year.

“The aforesaid directions of this Court be circulated, within 15 days of issuance of this order and its receipt by the Ministry of Health and Family Welfare, Government of India, and Department of Health and Family Welfare, Government of NCT of Delhi in all the hospitals in Delhi. Compliance report be filed within 2 months before this Court”, the court ordered.

Court directed that a copy of the judgment be forwarded by the Registry to the Ministry of Health and Family Welfare, Department of Health and Family Welfare, and Commissioner of Police, Delhi, for information and compliance.

Case Title: Nabal Thakur (In J.C) v. State