Examine minor rape victim seeking termination of pregnancy: Delhi HC to Safdarjung hospital

The matter was also referred to the child welfare committee (South district) wherein on January 23 it directed the chief medical officer, Safdarjung Hospital, to take necessary decisions under the Medical Termination of Pregnancy Act. Thereafter, a medical board consisting of four doctors examined the minor and filed a report opining that “pregnancy cannot be terminated as the period of gestation is more than 24 weeks and there is no gross congenital anomaly”.

The plea moved by advocate Shreyans Singhvi stated that if the minor is compelled to go through with the pregnancy, the same shall be tantamount to an egregious invasion of her right to life as guaranteed by Article 21 of the Constitution. The plea stated that this incident has caused grave anguish and mental agony to the minor and her family.

The HC referred to a January 25 decision of Justice Swarana Kanta Sharma wherein the HC framed certain guidelines in case of pregnancy exceeding 24 weeks, which also pertained to a minor rape victim seeking termination of pregnancy. Perusing the same, Justice Singh said in the present case if the legal guardian of the minor gives consent for termination of pregnancy, the minor should be produced before the medical board.

The HC said there was “no clarity in the opinion” of the medical board in the present case on whether there is any risk involved to the minor and the foetus if the pregnancy is carried forward.

The HC thereafter directed the medical board to give an opinion on the risks involved to the minor and the foetus if the termination is taken forward considering that the pregnancy is more than 25 weeks. The HC directed the medical board to examine the minor on January 31 at 11 am, further directing that a copy of the report be placed before the court. The HC further requested Dr Anjali Dabral Professor Head of the Department of Obstetrics and Gynaecology, the chairperson of the medical board, to join court proceedings through virtual conferencing, listing the matter on Tuesday at 4 pm.

In its January 25 decision, the HC framed the guidelines for investigating officers to follow cases wherein if the victim is found pregnant and gives consent for the medical termination of the pregnancy, the investigating officer would ensure that she is produced on the same day before a medical board as envisaged under section 3 of the Medical Termination of Pregnancy Act.

The victim will be produced before the board, the court had said. Once she is examined, an appropriate report will be submitted to authorities concerned “so that if an order is being sought regarding the 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 court is informed that such boards are not available in hospitals in each district, causing inconvenience to the investigating officers as well as to the victim at times who has to be taken for MTP and for further examination. Thus, the state government/Union Territory should ensure that such mandate of Section 3(2C) and 3(2D) of the MTP Act are complied with and such boards are constituted in all government hospitals which have proper MTP centres and it should be mandatory to have such boards constituted beforehand,” the court had directed.

The court had further directed the Department of Health of the Delhi Government and the Union Ministry of Health to comply with the guidelines and share its compliance with the court within two months.