Explain in Hindi and English pros and cons of pregnancy termination to rape victims: Delhi High Court

In pregnancy termination cases arising from rape, the medical board as well the police officer investigating the case should explain in Hindi and English the pros and cons of medical termination of pregnancy to the rape victim and to her guardians if she is a minor [Minor L Thr Guardian J v State & Anr]..Justice Swarana Kanta Sharma said that such explanation in a language understood by the victim and her guardian, is of utmost importance and every endeavour should be made by the investigating officer (IO) and the medical board for the same. “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,” the Court said..The Court passed the order while dealing with a plea filed by a 16-year-old carrying a pregnancy of gestation period of 25 weeks. The victim was seeking medical termination of pregnancy and said that the pregnancy was a result of her relationship with a boy who had sexually assaulted her.Her parents had died and the victim was living with her aunt.While hearing the case on November 3, Justice Sharma had expressed strong displeasure with the hospital authorities refusing to give an opinion on termination of pregnancy in the absence of a judicial order.The bench said that in January 2023, in the case of Minor R Thr Mother H v State of NCT of Delhi & Anr the Court had passed detailed directions for termination of pregnancy in case where pregnancy of sexual assault victims exceeds 24 weeks, yet the order was not being complied with..Justice Sharma then directed the hospital to constitute a medical board and to examine the victim on November 4 (Saturday).When the matter was then taken up on Saturday evening, the report of the medical board stated that the victim was not willing to undergo medical termination.The Court interacted with the victim who explained that she was under the fear of losing her life in the process as the doctors had told her the dangers of the procedure. Her guardian (aunt) stated that she is in favour of termination of pregnancy..Therefore, the Court sent the victim back to the medical superintendent and medical board at Guru Teg Bahadur Hospital and asked them to again explain to the victim the pros and cons of termination of pregnancy.“This Court notes that the medical report sent to this Court does not mention that they had told the victim that she will lose her life, therefore, it seems that there is some miscommunication. The Medical Board had rather opined that medical termination of pregnancy is possible and the victim is mentally fit to take a decision. Let the Medical Board seek her opinion once again and in case she again states that she does not want medical termination of pregnancy and wants to continue with it, she be produced before this Court on 06.11.2023 at 3:00 PM. In case she and her guardian are willing for medical termination of pregnancy and the Medical Board finds it a fit case for the same, medical termination of pregnancy of the victim be conducted on the same day following the same directions as contained in para 18 of order dated 03.11.2023 so that precious time is not lost by again seeking an order of this Court.”The Court further said that the medical board will explain the pros and cons of medical termination of pregnancy, as well as pros and cons of continuing with the pregnancy to the victim and her guardian in Hindi which is their 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,” the Court directed.The matter will be heard again on November 6 at 3 pm..The petitioner victim and her guardian were represented through advocates Anwesh Madhukar Prachi, Nirwan and Devesh Khanagwal of the Delhi High Court Legal Services Committee (DHCLSC).State was represented through Additional Standing Counsel (Criminal) Yasir Rauf Ansari as well as advocates Alok Sharma and Vasu Aggarwal. .[Read Order]