Ascertain If Victim Is Pregnant Immediately On Registering Rape/POCSO Cases; Provide Counselling: Karnataka HC Issues Guidelines

The Court allowed a petition filed on behalf of a 17-year-old minor girl, represented by her father as the natural guardian, who sought multiple reliefs in connection with a case involving alleged sexual offenses leading to pregnancy. The Court allowed the medical termination of pregnancy and preservation of fetal tissue samples, among other requested reliefs.

A Bench of Justice Suraj Govindaraj held, “Immediately on registration of a sexual offence under Section 376 of IPC or under the POSCO Act, a medical examination of the victim be made to ascertain amongst others if she is pregnant or not, if so the gestation period to be ascertained, the physical and mental status of the victim, the ability to undergo the medical termination of the pregnancy, any aggravating factors and/or factors which will impinge upon the health and wellbeing of the victim."

Advocate Prasanna Kumar P. appeared for the Petitioner and Advocates Naveenchandrashekar, Shilpa Rani appeared for the Respondents.

The petitioner's father had filed a FIR and complaint under Section 363 of IPC, suspecting the petitioner had been kidnapped or abducted. During the investigation, it was revealed that the accused, a resident near the petitioner's house, had allegedly committed sexual offenses, leading to the petitioner's pregnancy. The petitioner expressed a desire to terminate the pregnancy due to being a minor, still studying, and facing potential social consequences.

The Court, after constituting a Medical Board, received a report stating that the termination of pregnancy would not harm the petitioner. Considering the petitioner's age, the potential impact on her studies and future, and the alleged sexual offenses, the Court deemed the request for termination of pregnancy as reasonable.

Additionally, the Court recognized the need for a systematic approach in such cases and outlined several directives, including:

• Immediately on registration of a sexual offence under Section 376 of IPC or under the POSCO Act, a medical examination of the victim be made to ascertain amongst others if she is pregnant or not, if so the gestation period to be ascertained, the physical and mental status of the victim, the ability to undergo the medical termination of the pregnancy, any aggravating factors and/or factors which will impinge upon the health and wellbeing of the victim.
• In the event of the victim is found to be pregnant, the Child Welfare Committee and/or District Child Protection Unit, as the case may be, is directed to be informed of the same by the Investigation officer, who in turn are directed to counsel/advice the victim and her family members of the legal options which are available like the continuance of the pregnancy and consequences thereof, the termination of the pregnancy, the process, procedure and consequences thereof etc.,.
• Such counselling is to be carried out in a language known to the victim, if necessary, by - making use of suitable translators. All questions asked by the victim and her family members are to be answered in a language known and understood by them so that there is no miscommunication.
• In the event of Medical Termination of Pregnancy being carried out the tissue samples of the fetus to be sent to the Forensic Science laboratory for and DNA analysis, if possible to preserve additional samples for verification if required.
• Follow up checks to be done to ascertain the physical and mental well being of the victim.
• The Director General of Police along with the Principal Secretary Health, Government of Karnataka, to get prepared a detailed Standard operating procedure by constituting such committee of experts as they deem fit, in respect of the above and circulate it amongst all investigating officers, Child Welfare Committees, District Child Protection Units, government hospitals, as also to make available training in this regards to all concerned.
• The Legal services authority to take into account the surrounding factors and release such compensation as permissible to the victim and her family for her immediate requirements.

Ultimately, the Court allowed the petition, directing the hospital to carry out the medical termination of pregnancy and preserve fetal tissue samples. The Court also mandated compliance reporting and set a follow-up date for the case.

Cause Title: X v. State Of Karnataka & Ors., [2023:KHC:45180]

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