Delhi HC issues directions to doctors, police while dealing with rape victims

New Delhi: In light of the failure to preserve a victim's rape evidence, the Delhi High Court on Wednesday ruled that rape victims must be taken to hospitals for Medical Termination of Pregnancy (MTP) within 24 hours even if she is less than 20 weeks pregnant.  

This landmark decision emerged while denying the bail application of a man accused of sexually assaulting a 16-year-old minor girl. The Court found the accused had repeatedly raped the young girl, leading to her pregnancy. Despite being admitted to a hospital on several occasions, she experienced a spontaneous abortion at home, which prevented the preservation of crucial evidence due to lapses in medical records.

“When a minor seeks a medical termination of pregnancy, doctors must ensure that the process is conducted in compliance with the prevailing laws and regulations, with utmost sensitivity to the minor's age and maturity level. Such cases must be approached with empathy, ensuring that the minor feels safe and supported throughout the process,” said Justice Swarana Kanta Sharma.

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"After the procedure, the patient's well-being and recovery must be carefully monitored to ensure they heal physically and emotionally. Doctors should also provide clear instructions on post-operative care, including any necessary medications, activity restrictions, and signs of potential complications," added the court.

The accused in this case, Nabal Thakur, was represented by Advocates Sunil Kumar and Giri Raj Singh, while Additional Public Prosecutor (APP) Manoj Pant represented the State.

As part of its guidelines for dealing with cases of medical termination of pregnancy of rape victims, the court has outlined several steps for doctors and the Delhi Police to follow.

(i) Circulation of existing guidelines and SOPs: The Department of Health and Family Welfare, Government of NCT of Delhi and Ministry of Health and Family Welfare, Government of India has been directed to ensure that the existing guidelines/Standard Operating Procedure for examining the victims of sexual assault are circulated in all the hospitals in Delhi;

(ii) Regarding additional directions issued vide this judgment: The abovesaid Ministries have been also directed to circulate the additional directions contained in the present judgment which be added to the existing SOPs, that in case the victim is pregnant and there are orders for medical termination of pregnancy including for the preservation of fetus, the investigating officer should place such order before the Superintendent of the hospital concerned, who will ensure that the doctor concerned who is assigned the duty of medical termination of pregnancy conducts the same with the utmost caution;

(iii) Producing the victim within 24 hours of the order of competent authority before the hospital even in a pregnancy of fewer than 20 weeks: The investigating officer concerned should produce the victim for medical termination of pregnancy within 24 hours of the passing of such order before the Superintendent of the concerned hospital, even in cases where the gestation  period of the pregnancy is less than 20 weeks as in the present case;

(iv) Preservation of fetus: It has been directed that the doctor concerned will ensure that the fetus is preserved and the victim is not discharged in a hurry, resulting in putting the life of the victim in danger and loss of evidence in a sexual assault case;

(v) Recording of reasons for discharge without termination of pregnancy: The doctor concerned will also mention, in case the victim is discharged without termination of pregnancy, the reasons for the same so that the crucial evidence in the form of the fetus is not lost;

(vi) Recording of details of treatment for medical termination of pregnancy: It shall be the duty of the doctor concerned also to mention in detail, the treatment given to the victim of sexual assault including any medicines given or procedure carried out for termination of pregnancy;

(vii) Difficulty faced by the Courts in reading MLCs and need to file typed MLC in sexual assault cases: The Courts experienced difficulty in reading or making out the observations in the MLCs or discharge summaries as they may not be comprehensible due to the illegibility of the handwriting of the concerned doctor, medical abbreviations and terminology used, etc. The Court remained aware of the fact that when the MLC will be prepared by the doctor, due to various constraints and reasons of privacy etc., it has to be handwritten. 

Therefore, it has been directed that in cases where a medical examination of a victim of sexual assault is conducted, all the hospitals concerned will ensure that along with the original MLC as well as discharge summary of such victim, a typed copy of the same is also prepared by the concerned hospital and provided to the investigating officer within a period of one week.

It is essential to do so since though at the time of recording of evidence and trial, the doctor concerned may appear, read and depose about the contents of MLC, when the Court has to read and appreciate it at the stage of consideration of bail or framing of charge, it poses difficulty to the Court;

(viii) Typed copy of the MLC may be sent by electronic mode to the IO: The typed MLC can also be sent to the investigating officer through electronic means to save the time of the investigating officer and the concerned hospital.

“The aforesaid directions of this Court be circulated, within 15 days of issuance of this order and its receipt by the Ministry of Health and Family Welfare, Government of India, and Department of Health and Family Welfare, Government of NCT of Delhi in all the hospitals in Delhi. Compliance report be filed within 2 months before this Court,” the court said.

To read the official order, click on the link below:

Also read- Bombay HC Denies Permission To Terminate 28-Week Pregnancy Of Minor Rape Survivor