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.
‘Boards not available’
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.
Pregnancy over 24 weeks
At the instance of the girl and her parents, both of whom are working as watchmen at construction sites, an FIR was registered at the Shalimar Bagh police station in the capital earlier this month. When the girl underwent a medical test on January 19, it was found that she had been pregnant for 24 weeks and 5 days.
On January 20, the investigating officer in the case approached the Child Welfare Committee, following which the girl and her mother were produced before a medical board. They stated that they do not wish to continue the pregnancy. However, as the victim’s pregnancy was beyond the gestational age limit permissible for medical termination under the MTP Act, she was directed to approach the High Court.
‘Social contexts important’
Justice Sharma said that given the social, financial, and other factors that are immediately associated with the pregnancy, an unwanted pregnancy would surely have an impact on the victim’s mental health. Hence, the judge permitted the girl to terminate the pregnancy.
To ensure that the victim is relieved of the trauma of an unwanted pregnancy caused by sexual assault and is able to lead a meaningful life which is not limited by her poverty, Justice Sharma ordered the Delhi Police to ensure that after the medical termination of the pregnancy and the period of rest advised by doctors is complete, the victim is admitted to a nearby government school.
“Poverty has its own multi-dimensions, and poverty has its own jurisprudence too. A judge cannot separate herself from the social contexts in which a crime is committed and a victim suffers,” Justice Sharma said. The present case is also an example of how one tragic event has changed the entire life of a family already struggling to feed their children, and now facing the trauma of a minor daughter impregnated due to sexual assault, said the judge.
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