The Delhi High Court recently issued a series of directions for dealing with victims of sexual assault seeking medical termination of pregnancy (MTP) [Minor S (Thr Mother M) v State & Anr]. .Justice Swarana Kanta Sharma ordered that in all cases where a victim of rape/ 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 to identify the victim and ensure that when she is produced before the medical board, the necessary documents, case file etc are carried. “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 judge said. .In case of rape victims 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 before appropriate authorities, so that an order may be passed without delay when a victim 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 of a rape victim, the foetus shall be preserved properly so that it may be sent in future for DNA analysis or other forensic purposes. .Justice Sharma framed these guidelines while dealing with the plea of a 17-year-old rape victim who was taken to the All India Institute of Medical Sciences (AIIMS) for medical examination and MTP. The hospital first 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 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 of a court order..The Bench said that the conduct of AIIMS in this case was troubling.Further, the Court ordered its Registrar General to send the copy of the judgement to Delhi High Court Legal Services Committee, Delhi Police Commissioner, Delhi government and the Central government to ensure that the guidelines are disseminated to and complied with by all stakeholders. “The Registrar General of this Court is also requested to get this judgment translated into Hindi through the concerned Committee of this Court, and get the same uploaded in the judgment section of the website,” the Bench said..Advocates Anwesh Madhukar, Prachi Nirwan, Ishat Singh and Pranjal Shekhar appeared for the minor-victim. Additional Standing Counsel (Criminal) Amol Sinha along with advocates Ashvini Kumar and Kshitiz Garg represented the State. Advocates Satya Ranjan Swain and Swati Tomar represented AIIMS. .[Read Judgment]
