Delhi HC provides guidelines for doctors, police dealing with pregnant sexual assault survivors

Justice Swarana Kanta Sharma directed the police to bring the victims to the hospital within 24 hours for the procedure, even if the pregnancy is less than 20 weeks old.

New Delhi:  The Delhi High Court on Thursday issued guidelines for doctors and police in handling medical termination of pregnancy (MTP) cases for rape victims.

Justice Swarana Kanta Sharma directed the police to bring the victims to the hospital within 24 hours for the procedure, even if the pregnancy is less than 20 weeks old.

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The court also instructed the health department to circulate the existing guidelines for examining sexual assault victims in all city hospitals.

Justice Sharma made the observations while denying bail to a man accused of repeatedly raping a 16-year-old, who was found to be four weeks and five days pregnant.

“The Department of Health and Family Welfare, Government of NCT of Delhi, and the Ministry of Health and Family Welfare, Government of India, are directed to ensure that the existing guidelines/standard operating procedures for conducting examination of the victims of sexual assault are circulated in all the hospitals in Delhi,” read the court order.

“The above said ministries are also directed to circulate the additional directions contained in the present judgment, which be added to the existing SOPs, that in case the victim is pregnant and there are orders for medical termination of pregnancy, including for preservation of fetus, the investigating officer will place such orders before the superintendent of the hospital concerned, who will ensure that the doctor concerned who is assigned the duty of medical termination of pregnancy conducts the same with utmost caution,” the order added.

Justice Sharma further directed that the doctor concerned will ensure that the fetus is preserved and the victim is not discharged in a hurry, resulting in putting her life in danger and loss of evidence in a sexual assault case.

“The doctor concerned will also mention, in case the victim is discharged without termination of pregnancy, the reasons for the same so that the crucial evidence in the form of fetus is not lost,” the order said.

The court also directed that directed that in cases where medical examination of a victim of sexual assault is conducted, all the hospitals concerned will ensure that along with the original MLC as well as discharge summary of such victim, a typed copy of the same is also prepared and provided to the investigating officer within a period of one week.

“It is essential to do so since though at the time of recording of evidence and trial, the doctor concerned may appear, read and depose about the contents of MLC, when the court has to read and appreciate it at the stage of consideration of bail or framing of charge, it poses difficulty to the court,” the order said.

“The aforesaid directions of this court be circulated within 15 days of issuance of this order and its receipt by the Ministry of Health and Family Welfare, Government of India, and Department of Health and Family Welfare, Government of NCT of Delhi in all the hospitals in Delhi. Compliance report be filed within two months before this court,” it added.