LI Network
Published on: 10 August 2023 at 15:03 IST
In an effort to ensure sensitive and appropriate treatment for survivors of sexual assault who are pregnant, the Delhi High Court has issued a set of directives for doctors and authorities [Nabal Thakur v The State].
Justice Swarana Kanta Sharma emphasized the urgency of attending to these cases and directed that even if the gestation period is under 20 weeks, the Investigating Officer (IO) should arrange for the survivor’s medical termination of pregnancy within 24 hours of the order being issued.
This procedure should occur under the supervision of the Superintendent of the relevant hospital.
The court further mandated that the concerned doctor takes measures to preserve the fetus and that the survivor is not discharged hastily.
The court stated, “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.”
Addressing challenges stemming from illegible handwriting and medical terminology in medical records, Justice Sharma directed hospitals to provide a typed copy of the Medical Legal Certificate (MLC) and discharge summary along with the original documents to the investigating officer within a week of conducting a medical examination on a sexual assault victim.
Justice Sharma also instructed the Delhi government and the Union Ministry of Health and Family Welfare to disseminate the existing guidelines and Standard Operating Procedures (SOPs) for examining sexual assault victims across all hospitals in the city.
These entities were also directed to incorporate the additional directions outlined in the present judgment, especially when it pertains to pregnant victims requiring medical termination of pregnancy and the preservation of the fetus.
The court handed down these guidelines during a bail application hearing for a man accused of sexually assaulting a minor girl.
The accused had reportedly coerced the girl into his house and held her against her will for two months. Subsequently, medical examinations confirmed her pregnancy and her statement implicated the accused.
The bail application was denied by the court, which found the repeated rape of the minor and the consequent abortion due to negligence to be substantial reasons against granting bail.
Justice Sharma highlighted the negligence leading to the loss of critical evidence (the fetus) and thus, established the need for comprehensive protocols to be observed by hospitals and authorities in such cases.
The defense for the accused Nabal Thakur was represented by advocates Sunil Kumar and Giri Raj Singh, while Additional Public Prosecutor (APP) Manoj Pant represented the state.