Delhi HC issues guidelines to let minor rape survivors who need abortion get help

NEW DELHI: The Delhi high court has issued guidelines to ensure “prompt legal and medical assistance” for minor rape survivors who seek termination of pregnancy.

Justice Swarana Kanta Sharma said the guidelines would help prevent delays and confusion, particularly for those from socio-economically disadvantaged background.

Such victims often remain unaware of the appropriate legal forums and procedures involved in seeking medical termination of pregnancy following sexual assault, she said in her 19-page ruling.

The court said clear protocols must be in place to provide timely legal guidance and medical care to vulnerable survivors of sexual violence and directed the Child Welfare Committee (CWC) to inform the Delhi high court’s legal service committee (DHCLSC) about all such cases involving minors.

It also directed DHCLSC to make an assessment if any legal intervention was required when informed about such cases.

The bench also directed hospitals to immediately conduct a medical examination of such victims, without insisting that they approach courts first.

Justice Sharma issued the directions while dealing with a petition filed by a 15-year-old rape survivor who sought termination of more than 27 weeks foetus. In the present case, her father had approached Lok Nayak hospital seeking termination, which was denied since the gestational stage exceeded the permissible limit prescribed under the Medical Termination of Pregnancy (MTP) Act.

Under the Act, women can undergo abortions legally up to 20 weeks of pregnancy following an opinion of a registered medical practitioner (RMP) and up to 24 weeks for certain women defined under MTP Rules.

Rule 3B(2) of MTP allows a woman to terminate her pregnancy between 20 and 24 weeks on account of a change in marital status through widowhood or divorce, mental anguish, rape, assault, and health complications, among other reasons.

Due to lack of clarity regarding the appropriate forum, the victim in the present case, had first approached the trial court, which declined to pass the order for want of jurisdiction. She later approached the high court seeking the same relief.

In her petition before the high court, the survivor said that when she was taken to the government hospital for medical examination on April 9, the hospital refused to conduct the same and insisted on a court order.

The high court reprimanded the hospital for the delay and failure to abide by previous court orders issued in similar cases and directed the hospital’s medical superintendent to file an explanation within a week.

In 2023, the Delhi high court issued guidelines for investigating officers in all cases where a victim was pregnant due to sexual assault, and the pregnancy has crossed 24 weeks. At the time, the court directed the Delhi government to constitute permanent medical boards in all its hospitals.

“The apprehension of the child as to what bodily pain she will undergo when the termination of pregnancy will be conducted as a 15 year old, is not comparable to agony she is undergoing and the psychological pain faced by her, earlier within the four walls of her home and now confined on a hospital bed. Therefore, this court seeks an explanation from the Medical Superintendent of LNJP Hospital, as to why there was a delay of one week in conducting the medical examination of the victim through the Medical Board and in preparing the report, despite the victim having been produced before the Hospital on 09.04.2025 in compliance with the orders of the CWC, despite the directions issued,” justice Sharma said.

The court also directed the hospital’s medical superintendent and its Medical Board to ensure that the termination of pregnancy of the survivor in the present case was undertaken by competent doctors in accordance with the MTP Act.