Delhi High Court Issues Directions For Prompt & Appropriate Legal Guidance And Medical Support For Sexual Assault Victims Seeking Medical Termination Of Pregnancy

The Court granted permission for the medical termination of a pregnancy exceeding 27 weeks in the case of a 15-year-old rape victim. The Court’s intervention was sought as the pregnancy was beyond the permissible limits of 24 weeks under the Medical Termination of Pregnancy Act, 1971 (as amended by the MTP Amendment Act, 2021).

A Single Bench of Justice Swarana Kanta Sharma held, “When a victim of rape carrying a pregnancy beyond the gestational period of 24 weeks is brought to a hospital for medical examination, the hospital concerned often insists on the production of a court order before seeking the opinion of the Medical Board regarding the feasibility of medical termination of pregnancy, where the victim and her family so desire…the situation on the ground levelled remains largely unchanged. The intent to expedite and streamline the process for termination of a pregnancy conceived as a result of sexual assault has, regrettably, not translated into effective and time-sensitive action.”

Advocate Anwesh Madhukar appeared for the Petitioner, while ASC Rupali Bandhopadhya represented the Respondents.

Brief Facts

The victim was allegedly sexually assaulted by her first cousin when her parents were away. The victim did not initially disclose the incident due to trauma and threats from the accused.

When it was discovered that she was pregnant, the victim was taken to a hospital, where a medical examination confirmed the pregnancy and the victim's desire to terminate it.

The Medical Board's report indicated that the victim and her mother consented to the termination. The report also noted that the fetus was beyond the age of viability, with a possibility of being alive after the procedure and requiring neonatal intensive care. The victim was also diagnosed with anemia and an upper respiratory tract infection.

Court’s Reasoning

The High Court took note of the “distressing reality that victims of sexual assault, particularly those who are minors and come from socio-economically disadvantaged backgrounds, often remain unaware of the appropriate legal forum to approach, or the procedure to be followed, in cases involving termination of pregnancy resulting from sexual assault.”

“The trauma faced by the victim, of being sexually assaulted by her first cousin, multiplied by almost seven months of silence having been threatened by him and she being child, not able to disclose it even to her immediate family, cannot be brushed aside. And even today she passes each day in the hospital awaiting termination of a pregnancy not only unwanted but also reminding her each day of the assault undergone by her,” the Bench remarked.

“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,” the Court held.

Consequently, the Court issued the following directions:

• “Whenever a minor victim of sexual assault, who is found pregnant with a gestational period of pregnancy exceeding 24 weeks, is produced before the CWC and is referred to a hospital for medical examination or medical termination of pregnancy, the concerned CWC shall forthwith inform the Delhi High Court Legal Services Committee (DHCLSC) regarding the case, since in case, medical termination of pregnancy is sought and consent is given by the victim or her family, as the case may be, an urgent order from a Court of law will be required for such medical termination of pregnancy. The communication shall include the details of the victim as permitted under law (without disclosing the identity of the victim), the order passed by CWC, the copy of the FIR which is placed before CWC, when the victim is produced before it, by the IO and any other document relevant for filing a petition before the competent Court.
• Upon receiving such information, DHCLSC shall immediately take appropriate steps to assess whether any legal intervention is required, including the need to approach the competent Court seeking an order for medical termination of pregnancy which is beyond 24 weeks in case of a rape victim where she or her guardian seek medical termination of pregnancy. This will enable DHCLSC to take timely action, and where necessary, ensure that the matter is brought before the competent court without delay.
• The above direction shall be circulated to all CWCs functioning in the National Capital Territory of Delhi and shall be scrupulously followed.
• To conclude, this Court reiterates that, as directed in the judgment titled Minor R Thr. Mother H v. State (NCT of Delhi) (supra) dated 25.01.2023, as well as in the judgment titled Minor L Thr. Guardian J v. State & Anr. (supra) dated 03.11.2023, the medical examination of a minor rape victim carrying a pregnancy beyond 24 weeks must be conducted immediately by the Medical Board of the concerned Hospital in terms of the MTP Act, and the report be prepared and kept ready, without insisting the victim to first approach a Court of law for obtaining an order for medical examination by the Board.”

Accordingly, the High Court disposed of the Petition.

Cause Title: Minor S (Thr. Father B) v. State & Anr. (Neutral Citation: 2025:DHC:2710)

Appearance:

Petitioner: Advocates Anwesh Madhukar (DHCLSC) and Prachi Nirwan

Respondents: ASC Rupali Bandhopadhya; Advocate Abhijeet Kumar

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