Delhi HC Expresses Displeasure Over Non-Compliance Of Its Directions By Police & Hospitals Regarding Medical Termination Of Pregnancy Of Rape Victims

The Delhi High Court has expressed its displeasure over non-compliance of its directions by the police and hospitals with regard to the medical termination of pregnancy of rape victims.

The Court was dealing with an instant writ petition filed under Article 226 read with Article 21 of the Constitution as well as Section 482 of the Criminal Procedure Court seeking reliefs.

A Single Bench of Justice Swarana Kanta Sharma observed, “… this Court notes with a strong sense of disapproval and displeasure that the judgment passed by this Bench dated 25.01.2023 in Minor R Thr. Mother H (supra) wherein guidelines and directions were issued regarding medical termination of pregnancy of rape victims, though on paper, were shown to have been complied with, however, the present case reveals the reality that the said directions are not being followed either by the police or by the hospitals concerned.”

The Bench observed that the petition is a result of such indifference to the directions issued by the Court as even the medical opinion was not given by the hospital concerned, which led the minor victim to knock the doors of the Court even for constitution of medical board to assess her medical condition.

DHCLSC Anwesh Madhukar represented the petitioner while ASC Yasir Rauf Ansari represented the respondents.

Brief Facts -

The case unfolded the unfortunate tale of a 16 years old victim who was carrying pregnancy of gestational period of 25 weeks, seeking medical termination of pregnancy. The victim having lost both her parents was living with her aunt and she had lodged a complaint with the police regarding molestation by her paternal uncle, however, during her medical examination, when she discovered that she was pregnant, she admitted that the pregnancy was a result of her relationship with a boy, who had sexually assaulted her in his flat.

The petitioner had approached CWC (Child Welfare Committee), District Shahdara and North West with a request to terminate the foetus. The CWC had sought medical opinion from the designated hospital and had adjourned the case. The petitioner had again approached the respondent hospital with a request of termination of pregnancy which was orally dismissed since the gestational age of the foetus was beyond 24 weeks. By way of the petition, the medical termination of pregnancy of the victim was sought since the minor victim had conceived due to sexual assault.

The High Court in the above regard noted, “This Court is surprised that though on paper this Court has been informed that its order has been complied with which was recorded vide order dated 21.08.2023, the investigating officer and the learned counsel for the victim states that when they had approached the concerned hospital i.e. respondent no. 2, the doctors concerned had refused to give an opinion regarding medical termination of pregnancy in absence of a judicial order. However, as noted in preceding paragraphs, in terms of directions issued by this Bench in Minor R Thr. Mother H (supra), the hospital and the doctors concerned were duty bound to give their medical opinion as to whether the minor victim of sexual assault was fit to undergo medical termination of pregnancy.”

The Court further noted with a strong sense of disapproval that the doctors concerned had not given any opinion regarding termination of pregnancy of the victim of sexual assault despite directions of the Court and notification constituting medical boards in this regard issued by Government of NCT of Delhi in compliance of its order.

“… 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 Court.

Considering the gravity of the situation as the victim was 16 years old and the period of pregnancy was more than 25 weeks, the Court ordered the hospital to ensure that the victim is examined immediately by the Medical Board constituted at the hospital vide a notification issued by the Government.

“In these circumstances, this Court unequivocally directs that in future, such lapse on the part of concerned authorities will be treated seriously as such lapses can adversely affect the physical well-being of child victim, and each passing day poses threat to the life of minor victim and also makes it difficult to carry out medical termination of pregnancy”, the Court warned.

The Court also reiterated that the directions passed by it regarding the lapses committed in medical assistance and examination as well as medical termination of pregnancy in relevant cases are not taken lightly by anyone concerned.

Accordingly, the High Court disposed of the petition with the aforesaid directions.

Cause Title- Minor L Thr Guardian J v. State & Anr. (Neutral Citation: 2023:DHC:8015)

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