2 Years On, Delhi HC Says Ground Reality Unchanged For Rape Survivors Needing Abortions

Justice Swarana Kanta Sharma's verdict on April 17 outlined the "unfortunate" state of affairs over the compliance of its directions passed on January 25, 2023, and November 3, 2023.

Representational Image | The Delhi High Court expressed dissatisfaction with the lack of compliance by doctors in forming a medical board to expedite abortion cases for sexual assault survivors.

Source : ANI

New Delhi, Apr 18 (PTI): The Delhi High Court was recently displeased with its directions not being complied with by the doctors in the national capital for constituting a panel to determine the cases of sexual assault survivors seeking abortion without any delay.

Justice Swarana Kanta Sharma's verdict on April 17 outlined the "unfortunate" state of affairs over the compliance of its directions passed on January 25, 2023, and November 3, 2023, through which hospitals were ordered to constitute medical boards to examine sexual assault survivors seeking medical termination of their pregnancy.

The high court underlined the intent of its 2023 directions, saying the medical examination of a sexual assault survivor, having a pregnancy beyond 24 weeks, was ordered to be conducted immediately under the law and related report was to be kept ready when either the girl or anyone on her behalf moved court seeking abortion.

Finding the situation on the ground level remained largely unchanged, the judge said, "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." The matter before it surrounded a 15-year-old minor survivor's ordeal. She wanted to abort her over 27-week pregnancy--beyond the 24-week permissible timeframe.

The issue stemmed from the condition set out by the Delhi government's LNJP Hospital when the parents of the minor survivor went there to get her pregnancy terminated.

The parents were asked to obtain a court order as the gestational age of the foetus had crossed the permissible duration under the Medical Termination of Pregnancy Act.

The high court lamented the non-compliance of its directions and said the permanent medical boards constituted in eight government and five private hospitals in the capital were expected to not wait for a court order before examining the survivor and prepare the report.

Despite the fact that two years had passed since the directions, the court expressed regret and questioned how a survivor, pregnant owing to the assault, was left for days altogether awaiting a court's order and the same was of no solace to her.

The court, as a result, passed a new set of guidelines to provide prompt and appropriate legal guidance aside from medical support to minor rape survivors seeking the medical termination of pregnancy.

Survivors, particularly minors, hailing from socio-economically disadvantaged backgrounds, often remained unaware of the appropriate legal forum to approach or the procedure to be followed when it came to getting their pregnancy terminated.

The court directed whenever a minor survivor, whose pregnancy exceeded 24 weeks, was produced before a child welfare committee and referred to a hospital for medical examination or medical termination of pregnancy, the committee would inform the Delhi High Court Legal Services Committee about it.

The court was mindful of cases where a medical termination of pregnancy could be sought with the consent of the survivor or her kin, and an urgent order from a court was required. Upon being informed that the survivor was admitted in a hospital, the court directed the hospital authorities for arrangements to terminate the girl's pregnancy on Friday.

The doctors at the hospital were directed the preserve the foetus' tissue which would be necessary for DNA identification in the criminal case against the perpetrator.

"The state should bear all the expenses for the termination of the pregnancy of the petitioner, her medicines and food," the court said, "and if the child is born alive, the superintendent of the hospital should ensure that everything which is feasible be provided to it." In the meantime, the court sought an explanation from the medical superintendent of LNJP Hospital on a week's delay in conducting the survivor's medical examination and in preparing the report. 

(This report has been published as part of the auto-generated syndicate wire feed. Apart from the headline, no editing has been done in the copy by ABP Live.)