Hospitals Can't Insist On ID Proof For Diagnosis In MTP Cases Involving Minor Rape Victims: Delhi High Court Issues Directions
The Delhi High Court has ruled that hospitals cannot insist on identification proof of minor rape victims for diagnostic purposes or ultrasound in medical termination of pregnancy (MTP) cases ordered by the Courts.Justice Swarana Kanta Sharma said that hospitals and medical institutions must be sensitised that cases involving victims of sexual assault, especially minor girls, require a...
The Delhi High Court has ruled that hospitals cannot insist on identification proof of minor rape victims for diagnostic purposes or ultrasound in medical termination of pregnancy (MTP) cases ordered by the Courts.
Justice Swarana Kanta Sharma said that hospitals and medical institutions must be sensitised that cases involving victims of sexual assault, especially minor girls, require a more responsive and sensitive approach.
The Court said that once the Investigating Officer produces a victim of sexual assault before the medical authorities for examination with the official case file and the details of the FIR, the procedural requirement of identity verification through separate documents can be dispensed with.
It added that cases of sexual assault where the victim is a minor, the standard procedural safeguards that apply to routine diagnostic cases cannot be applied in a rigid or mechanical manner.
“Therefore, while the requirement of an identity card may be a valid protocol in routine pregnancy cases to ensure compliance with the PC&PNDT Act, since identity verification is necessary to ensure accountability, proper record-keeping, and compliance with legal safeguards, no such insistence should be made when a rape victim is brought for medical examination and ultrasound by the Investigating Officer after the registration of an FIR,” the Court said.
While dealing with a minor rape victim's plea seeking MTP, the Court issued slew of directions to all stakeholders to ensure clarity and uniformity in handling cases of sexual assault where the victim is found to be pregnant.
The directions are:
- In all cases where a victim of rape/sexual assault is found to be pregnant, a comprehensive medical examination shall be conducted without any delay by the Hospital and doctor concerned.
- It shall be the responsibility of the Investigating Officer to identify the victim, and ensure that when the victim is produced before the concerned doctor, Hospital or Medical Board, necessary documents, case file, etc. pertaining to the rape victim are carried by the Investigating Officer.
- Where the victim of sexual assault (major or minor) is accompanied by the Investigating Officer or has been produced pursuant to direction of a Court or CWC, identification proof/identity card of the victim shall not be insisted upon byHospital and doctor concerned for the purpose of conducting ultrasound or any relevant/necessary diagnostic procedure. The identification by the IO will suffice in such cases.
- In cases of rape victims, where the gestational period exceeds 24 weeks, the Medical Board shall be constituted immediately, and without waiting for any specific direction from the Court, the Board shall conduct the necessary medical examination and prepare an appropriate report at the earliest and place before appropriate authorities.
- The consent for medical termination of pregnancy shall be obtained (from the victim or her guardian, as the case may be) in the vernacular language understood by them, such as in Hindi or English.
- The Hospital administration is directed to make available the latest, updated Standard Operating Procedure (SOPs) and relevant legal guidelines in both Emergency and Gynaecology Departments, and to ensure that duty doctors are briefed and sensitised regularly regarding their obligations under the MTP Act, POCSO Act, and guidelines laid down by the Supreme Court and High Courts.
- Training programs for doctors, medical staff, and legal officers attached to all Hospitals be conducted quarterly in collaboration with DSLSA/ DHCLSC or any such designated body, to equip them with legal and procedural awareness necessary for handling such cases sensitively and efficiently.
- A dedicated nodal officer may be designated in every Government hospital, specifically trained and empowered to coordinate MTP and medico-legal processes for victims of sexual assault.
- A standardised format for MTP request, consent, ultrasound requisition, and medical opinion may be developed and made available in both English and Hindi in all emergency and gynaecology units.
- The Delhi Police shall ensure that Investigating Officers dealing with POCSO and sexual assault cases undergo mandatory training every six months, with a focus on MTP procedures.
The Court was dealing with a plea filed by a minor rape victim aged 17 years seeking medical termination of her pregnancy which was turned away by the hospital authorities on the ground that judicial order was first required before any medical assessment could be carried out by the Medical Board.
The MLC prepared by AIIMS recorded that there was an urgency in the matter and clinical indications (pregnant abdomen examination) suggested a pregnancy of about 20 weeks. The attending medical personnel at the Hospital declined to conduct an ultrasound examination.
It was mentioned in the form that no identity card of the victim was available, and thus, citing the absence of a valid identity proof, her ultrasound was not conducted. The hospital authorities further insisted on conducting an ossification test of the minor victim.
She was not examined by a Medical Board as it was opined by the doctor concerned that a court order was required since the pregnancy exceeded 24 weeks.
Later, to avoid any confusion, the Court passed a specific order directing AIIMS to conduct MTP of the minor rape victim on May 05. However, it had clarified that a reasoned judgment, addressing the procedural lapses and systemic issues, would be passed.
Justice Sharma observed that the case serves as an important reminder that a victim of sexual assault carrying the burden of an unwanted pregnancy may need more sensitivity to deal with as in many cases, such victims are under deep distress unable to process their situation and life. Further, each day's delay in such cases in conducting MTP puts the victim under enhanced potential danger to her life, the Court said.
Counsel for Petitioner: Mr. Anwesh Madhukar (DHCLSC), Ms. Prachi Nirwan Mr. Ishat Singh Mr. Pranjal Shekhar, Advocates
Counsel for Respondents: Mr. Amol Sinha, ASC (Crl.), Mr. Ashvini Kumar and Mr. Kshitiz Garg, Advocates; Mr. Satya Ranjan Swain (Panel Counsel-AIIMS)
Title: MINOR S (THR. MOTHER M) v. STATE & ANR
Citation: 2025 LiveLaw (Del) 650