Delhi HC issues guidelines for rape victims whose pregnancy exceeds 24 weeks

Urine pregnancy test mandatory at medical examination of sexual assault victims; those who wish to terminate must be produced before medical board on the same day, says court

In a significant judgment allowing a minor rape victim to terminate her 25-week pregnancy, the Delhi High Court has also issued guidelines for investigating officers in all cases where a victim is pregnant due to sexual assault, and the pregnancy has crossed 24 weeks.

Indian law currently stipulates a ceiling of 24 weeks for the termination of pregnancy for certain special categories, including survivors of rape, victims of incest and other vulnerable women, such as differently-abled women and minors.

In its judgement, the High Court directed that a mandatory urine pregnancy test must be conducted during the medical examination of all sexual assault victims. If the victim is found to be pregnant, and expresses her desire for conducting a medical termination of the pregnancy, the investigating officer will ensure that on the same day, the victim is produced before a medical board in one of the four government hospitals in the capital, the court said.

“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,” Justice Swarana Kanta Sharma said in a judgment passed on January 25.

The judge noted that such boards are not available in hospitals in every district, causing inconvenience to victims seeking medical termination or requiring further examination, as well as to the investigating officers. She directed the Delhi government to ensure that such boards are constituted in all government hospitals in compliance with the Medical Termination of Pregnancy (MTP) Act.

The High Court’s judgment came while adjudicating a plea by a minor girl, who was a victim of rape, seeking permission to medically terminate her pregnancy under the MTP Act. The girl was sexually assaulted and raped in September 2022, when she was aged around 14 years. Although she missed her menstrual period for four months, she did not initially inform her mother about it as she was too scared. However, after her mother noticed the physical changes in her, the girl told her about the sexual assault.