Hospitals shouldn't insist on ID proof of rape survivors seeking abortion: Delhi HC

Delhi High Court directs hospitals to stop demanding ID proofs from rape survivors seeking pregnancy termination.

The Delhi High Court has asked hospitals in the national capital to refrain from demanding ID proofs of rape survivors seeking termination of their pregnancy on orders of courts.

Justice Swarana Kanta Sharma also underlined the pressing need for "clear, practical and sensitive" medical protocols for such survivors, particularly minors.

Lack of clarity on procedures, insistence on identity documents, and the delay in carrying out necessary medical examinations such as ultrasound have all contributed to the further distress of the victim in this case, the court said.

"Hospitals and medical institutions must be sensitised to the fact that cases involving victims of sexual assault, especially minor girls, require a more responsive and sensitive approach," the court said on May 29.

Medical protocols, it said, must align not only with statutory obligations, but also with compassion, practicality, and an understanding of the unique challenges that survivors of sexual violence face.

"Where the victim of sexual assault (major or minor) is accompanied by the investigating officer or has been produced pursuant to direction of a court or CWC, identification proof/ identity card of the victim shall not be insisted upon by hospital and doctor concerned for the purpose of conducting ultrasound or any relevant/ necessary diagnostic procedure. The identification by the IO will suffice in such cases," the verdict said.

The matter at hand related to a minor rape survivor who sought medical termination of pregnancy.