Delhi High Court issues guidelines for medical termination of pregnancy in cases where pregnancy of sexual assault victims exceeds 24 weeks

Justice Swarana Kanta Sharma observed that crucial time is lost in the process of passing orders for medical examination of victims by a board which endangers her life.

In a detailed order, the court said that at the time of medical examination of a victim of sexual assault, it will be mandatory to conduct a Urine Pregnancy Test.

Justice Sharma ordered that if the victim is found pregnant due to sexual assault, and in case the victim is major who gives her consent and expresses her desire for conducting MTP, the concerned investigating officer will ensure that she is produced before the medical board the same day.

"In case a minor victim of sexual assault is carrying pregnancy, upon the consent of her legal guardian and desire of such legal guardian for termination of pregnancy, the victim will be produced before such Board," the judge said.

She added,

"In case a minor victim is examined by such Board, appropriate report will be placed before concerned authorities, so that if an order is being sought regarding termination of pregnancy from the Courts, the Court concerned does not lose any more time and is in a position to pass an order on the same expeditiously."

The bench noted that as per Sections 3(2C) and 3(2D) of MTP Act the State government or union territory must ensure that medical boards are constituted in the hospitals.

It, therefore, ordered the government to ensure that the mandate of Sections 3(2C) and 3(2D) are complied with and such boards are constituted in all government hospitals which have proper MTP Centres.

The Ministry of Health Affairs, Government of NCT of Delhi and Union Ministry for Health Affairs were directed to comply with the directions within two months.

The guidelines were issued by the court as it allowed a 14-year-old girl to undergo MTP. The girl was 25 weeks pregnant. It was informed that the victim's family were construction workers and she was sexually assaulted while her mother had gone out for work.

It was observed that though the statute does not provide for termination of pregnancies over the gestational age of 24 weeks (except in case of detection of substantial foetal abnormalities), constitutional courts can use their extraordinary powers to allow termination of such pregnancies.

The judge underscored that a female has the invariable right to make reproductive choices and in case of sexual assault, denying a women right to MTP would amount to denying her human right to live with dignity.

"A woman has a right in relation to her body which includes saying 'Yes' or 'No' to being a mother..Termination of pregnancy in cases, like present one, cannot be reduced merely to be defined as right of a woman sexually assaulted, but also to be recognized as a human right, as it affects dignified existence of a victim if the same is not permitted," the Court said.

Considering the financial status of the victim and her family, the Court directed the local Station House Officer (SHO) to ensure that the child is enrolled in a school. The bench asked the Secretary (DSLSA) to counsel the family about their rights.

Justice Sharma also asked the Delhi State Legal Services Authority to make an outline of a programme for workers at the construction sites in the city so that they are informed about their right to education.

"The students of law colleges and other colleges under their programme of Socially Useful Productive Work (SUPW) can arrange some programmes at construction sites, the students can volunteer for such purpose and can educate them about their educational rights and may pass their own creativity skills as well as basic education to them," the Court said.

The bench directed the registry to forward a copy of the order to DSLSA, Delhi Police Commissioner as well as Centre and Delhi government for taking note of its contents and ensuring compliance.

Advocates Anwesh Madhukar, Prachi Nirwan and Yaseen Siddiqui appeared for the petitioner.

State was represented through Additional Standing Counsel (ASC) Sachin Mittal along with advocates Nishant Chauhan and Abhishek Tyagi.

[Read Order]