Explain Pros & Cons Of Medical Termination Of Pregnancy To Minor Victim And Guardian In Both English And Hindi: Delhi HC Directs Medical Board

Pertinently, the 16-year-old victim had expressed her willingness to undergo medical termination of pregnancy, pursuant to which the court ordered the Medical Board constituted to examine and assess the risk of her pregnancy of 25 weeks gestation period. As per the assessment, the victim was both mentally and physically fit for the procedure. However, the board in the report also said that the victim refused to undergo the procedure. But before the Court, on the next date, subsequent to an interaction she showed her willingness again, stating that she feared losing her life in the process, as the doctors had explained to her the danger to her life in case of medical termination of pregnancy.

Noting the gap in understanding the medical facets and the risks which the Court referred as 'miscommunication', a bench of Justice Swarana Kanta Sharma amongst other directions further observed, “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”.

DHCLSC Anwesh Madhukar appeared with the petitioner (who was also present in the Court), and ASC (Criminal) Yasir Rauf Ansari appeared for the respondent.

The guardian of the victim was her paternal aunt (bua), and in the absence of the parents of the victim who had unfortunately passed away, stated before the Court that she was in favour of termination of pregnancy. Accordingly, the bench in such circumstances directed the victim to appear before the Medical Superintendent and the Medical Board at Guru Teg Bahadur Hospital, Delhi where the Board will again explain to her the pros and cons of medical termination of pregnancy. The court further noted that the medical report did not mention that they had told the victim that she will loose her life, therefore, was of the opinion that “there was some miscommunication”.

The bench further directed the Board to seek her opinion once again and if she still wished to continue with the pregnancy, then the same be told to the court, so that precious time is not lost by again seeking an order.

“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. Explanation of the above in the language spoken and understood by the victim and her guardian are of utmost importance...Medical termination of pregnancy involves mental and physical repercussion which may last for a life time and therefore, the procedure to be followed cannot be a routine or business like exercise...”, the bench further observed in the Order.

Thus directed the investigating officer and the Medical Board to make every endeavour to explain in the language spoken and understood by the victim and her guardian as the procedure involves mental and physical repercussions which may last for a life time, as the Doctors play a pivotal role in such matters. While also opined that "This Court expects and hopes that the above directions will not only be followed in the letter but also the spirit behind these directions which necessarily include empathy, sensitivity and support that such victims requires in abundance".

Cause Title: Minor L Thr Guardian J v. State & Anr.