Delhi HC Lays Down Guidelines On Medical Termination Of Pregnancy In Rape Cases

The Delhi High Court has recently issued a slew of guidelines to deal with cases of sexual assault involving minor rape victims seeking medical termination of pregnancy.

A bench led by Justice Swarana Kanta Sharma has issued the following directions to ensure 'clarity' and 'uniformity' in handling cases of sexual assault where the victim is found to be pregnant.

"This case serves as an important reminder that a victim of sexual assault carrying the burden of an unwanted pregnancy may need more sensitivity to deal with, as in many cases, such victims are under deep distress, unable to process their situation and life. Further, each day’s delay in such cases in conducting MTP puts the victim under enhanced potential danger to her life," the court observed.

The court was dealing with a plea filed by a 17-year-old minor who was sexually assaulted, which led to her pregnancy. Initially, when the victim went to AIIMS, it refused to conduct the ultrasound due to the absence of identity proof, even though the IO was present with the victim. When the Child Welfare Committee directed AIIMS to carry out MTP, it still refused, continuing its insistence on ID proof.

Eventually, an ultrasound was conducted and the victim was found to be carrying a pregnancy of 25 weeks and 4 days. The hospital then refused to conduct the MTP on the ground that the pregnancy had crossed 24 weeks and went on to ask the victim for the court's permission.

Therefore, the court had directed the Medical Board to assess the feasibility of termination. Upon receiving its final report, the court had directed AIIMS to conduct the MTP of the minor.

Guidelines

However, the court passed the present judgment outlining the guidelines in order to address the procedural delays, administrative failures, and medical confusion faced by the minor rape victim.

It ordered that in all cases where a victim of rape/sexual assault is found to be pregnant, a comprehensive medical examination shall be conducted without any delay by the hospital and the doctor concerned.

The court directed that the Investigating Officer (IO) shall identify the victim and ensure that, when the victim is produced before the concerned doctor, hospital or medical board, all necessary documents, case files, and records pertaining to the rape victim are carried by the Investigating Officer.

"Where the victim of sexual assault (major or minor) is accompanied by the Investigating Officer or has been produced pursuant to direction of a Court or CWC, identification proof/identity card of the victim shall not be insisted upon by Hospital and doctor concerned for the purpose of conducting ultrasound or any relevant/necessary diagnostic procedure. The identification by the IO will suffice in such cases," the court ordered.

In cases of rape victims where the gestational period exceeds 24 weeks, the court ordered that the Medical Board shall be constituted immediately, without waiting for any specific direction from the court.

It added that the Board shall conduct the necessary medical examination, 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 victim approaches the court seeking directions for medical termination of pregnancy.

"This Court also notes that there continues to be some lack of coordination among the CWC, Investigating Officers, and the legal aid authorities (DHCLSC), as far as approaching this Court for seeking an order for MTP of a rape victim is concerned. In this regard, detailed directions issued by this Court in judgment dated 17.04.2025 in Minor S Through Father B v. State & Anr. (supra), which have been reiterated in paragraph 39 of this judgment, shall be adhered to by CWC and DHCLSC," the court added.

Furthermore, the court said in all cases wherein MTP is conducted for a rape victim, the foetus shall be preserved in accordance with law to facilitate DNA analysis or other forensic examination required for investigation purposes.

The Court also directed that consent for medical termination of pregnancy shall be obtained from the victim or her guardian, in a vernacular language understood by them.

For Petitioner: Mr. Anwesh Madhukar (DHCLSC), Ms. Prachi Nirwan, Mr. Ishat Singh, Mr. Pranjal Shekhar, Advocates, along with the mother of the minor/petitioner.

For Respondents: Mr. Amol Sinha, ASC (Crl.), Mr. Ashvini Kumar and Mr. Kshitiz Garg, Advocates. Mr. Satya Ranjan Swain (Panel Counsel-AIIMS) with Dr Swati Tomar, AIIMS / R-2

Case Title: MINOR S (THR. MOTHER M) versus STATE & ANR.