Pros and Cons of MTP must be explained in local language: Delhi HC

New Delhi: The Delhi High Court has issued directions to the Delhi police and medical board to explain the pros and cons of medical termination of pregnancy procedures to the rape victims and their guardians (in case of minors) in mother tongue, be it Hindi or English language.

"This court further orders that henceforth, in cases of medical termination of pregnancy in rape cases, the pros and cons of the medical termination of pregnancy will be explained in Hindi wherever the victim and her guardian in case of a minor victim understands Hindi, or English where they understand the said language," Justice Swarana Kanta Sharma said in an order on November 4.

The court observed that the explanation about the medical termination of pregnancy in the language spoken and understood by the victim and her guardian is of utmost importance, adds ANI.

"Every endeavour be made by the investigating officer and the Medical Board that the same is explained in the language spoken and understood by the victim and her guardian," the court stated.

It added that medical termination of pregnancy involves mental and physical repercussions which may last for a lifetime and therefore, the procedure to be followed cannot be a routine or business-like exercise. The most vital strength in such cases can often come from the doctors who examine such victims and explain to them the pros and cons.

Justice Sharma said the court expects and hopes that the directions will be not only be followed in the letter but also in spirit which necessarily includes empathy, sensitivity and support that such victims require in abundance.

The bench directed to forward a copy of the order to the Commissioner of Police, Delhi, Secretary, Ministry of Health and Family Welfare, Government of NCT of Delhi, Secretary, Ministry of Health and Family Welfare of India, for ensuring circulation of aforesaid directions and necessary compliance.

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These directions were issued by the HC bench dealing with a case where a 16-year-old minor girl approached the bench seeking the medical termination of pregnancy of gestational period of 25 weeks due to sexual assault by her uncle, adds Live Law.

On November 3, the court had directed the Medical Board constituted at Guru Teg Bahadur Hospital, Delhi, to examine the child victim on Saturday at 10 am.

However, during an urgent hearing, the victim stated that she was in fear of losing her life in the process of medical termination of pregnancy, as the doctors had explained the danger to her life in the event of such a procedure.

However, after an interaction, she stated that she wanted the pregnancy to be medically terminated. Thereafter, the court directed the victim to be produced before the Medical Superintendent and the Medical Board at Guru Teg Bahadur Hospital, Delhi.

The bench also directed that the communication so made and the consent -- whether affirmative or negative of the victim and her guardian -- be also obtained in her mother tongue, Hindi, on the medical examination report and be sent to the court.

The court said the Medical Board would again explain to her the pros and cons of medical termination of pregnancy. The court noted that the medical report does not mention that they had told the victim that she would lose her life, therefore, it seems that there is some miscommunication.

It observed that the Medical Board had opined that medical termination of pregnancy is possible and the victim is mentally fit to make a decision.

Delaying the plea, the bench mentioned in its November 4 order, "Let the Medical Board seek her opinion once again and in case she again states that she does not want medical termination of pregnancy and wants to continue with it, she be produced before this Court on 06.11.2023."

In case she and her parents agree to a medical termination of pregnancy and the Medical Board finds it a fit case for the same, the procedure could be conducted on the same day, it added.

The bench also directed that the communication so made and the consent -- whether affirmative or negative of the victim and her guardian -- be also obtained in her mother tongue, Hindi, on the medical examination report and be sent to the court.

As per the latest media report by Live Law, the bench mentioned in its order,

"This Court also directs that the Medical Board will explain the pros and cons of the medical termination of pregnancy, as well as pros and cons of continuing with the pregnancy if any, to the victim and her guardian in Hindi which is her mother tongue so that there is no miscommunication. The communication so made and the consent whether in affirmative or negative of the victim and her guardian be also obtained in her mother tongue in Hindi on the medical examination report and be sent to this Court."

Also Read: HC decries hospitals for not adhering to directives on medical termination of pregnancy for rape victims