Take victim of sexual assaults to hospital for medical termination of pregnancy within 24 hours of order by authority: Delhi High Court

Refusing to grant the accused bail, the Delhi High Court noted that the pregnancy of the 16-year-old victim was not terminated at the hospital after being admitted to a hospital three days after an order for medical termination of pregnancy was passed and she was discharged from the hospital and had an abortion at 7 weeks gestation at her home, leading to non-preservation of the foetus, a crucial piece of evidence in sexual assault cases.

New Delhi: The Delhi High Court has directed the police authorities to take victim of sexual assaults to a hospital for medical termination of pregnancy within 24 hours of passing of such order by a competent authority even in cases where the gestation period of the pregnancy is less than 20 weeks.

Justice Swarana Kanta Sharma, emphasising the crucial role played by doctors in such cases, especially those involving minors, issued a slew of directions to authorities and directed them to ensure that the foetus in such cases is preserved for the purpose of evidence and the victim is not discharged in a hurry putting her life in danger.

“The investigating officer concerned will produce the victim for the purpose of medical termination of pregnancy within 24 hours of passing of such order before the Superintendent of the concerned hospital, even in cases where the gestation period of the pregnancy is less than 20 weeks as in the present case,” the High Court said.

Justice Sharma was hearing a bail plea of an accused facing charges of rape of a minor girl and forcibly raping her and making her pregnant. Seeking parity with his brother, who is also an accused in the case and granted bail by the court, the accused sought bail, submitting that the medical examination of the victim was not conducted properly and hence there is no material evidence which supports the case of the prosecution.

Refusing to grant him bail, the High Court noted that the pregnancy of the 16-year-old victim was not terminated at the hospital after being admitted to a hospital three days after an order for medical termination of pregnancy was passed and she was discharged from the hospital and had an abortion at 7 weeks gestation at her home, leading to non-preservation of the foetus, one of the most crucial pieces of evidence in a sexual assault case, due to the negligence of the doctor concerned.

“This Court notes with a sense of disappointment that despite repeated directions, standing orders and several judgments, the courts are still confronted with instances as the present one,” the High Court said.

The High Court further said that doctors play a crucial role in such sensitive cases, especially when minors are involved and it is essential for them to uphold the highest standards of medical ethics, compassion, and professionalism.

“In such cases, doctors must prioritize the health and well-being of their patients while being mindful of the legal and ethical complexities surrounding the procedure,” the High Court said, while directing doctors to ensure that the process in such cases is conducted in compliance with the prevailing laws and regulations, with utmost sensitivity to the minor’s age and maturity level and to record the reasons for discharging a victim without termination of pregnancy as well as the details of treatment for medical termination of pregnancy.