Delhi HC Issues Comprehensive Guidelines for MTP in Sexual Assault Cases

Medical Termination of Pregnancy Latest News

• The Delhi High Court has stepped in to address procedural lapses and miscommunication that led to delays in the Medical Termination of Pregnancy (MTP) for a minor rape survivor. 
• The case exposed systemic flaws in how hospitals and authorities handle MTP in sexual assault cases, particularly those involving minors.
• It prompted the court to frame detailed guidelines aimed at ensuring timely, sensitive, and legally compliant medical care.

Background of the Case

• A 17-year-old rape survivor was taken to AIIMS, Delhi, for medical examination and MTP.
• Hospital authorities initially refused to conduct an ultrasound due to lack of ID documents, despite the survivor being accompanied by police and an FIR being registered.
• The Child Welfare Committee (CWC) directed termination, but the hospital demanded age verification via ossification test and continued to delay.
• After CWC’s personal intervention, the ultrasound revealed a gestation of 25 weeks and 4 days—beyond the legal limit of 24 weeks under the MTP Act, 1971.
• The hospital refused further action without court orders.
• Following court direction, a medical board assessed the gestation to be 23 weeks and 4 days, finding the survivor fit for MTP.

Lapses Identified by the Court

• Hospitals applied routine diagnostic protocols rigidly, even in POCSO cases.
• Discrepancy in ultrasound findings raised concerns about medical accuracy.
• Administrative delays resulted in psychological and physical hardship to the survivor.

Guidelines Issued by the Delhi High Court

• Directions to hospitals:
  • Identity verification: No separate ID verification required if the survivor is accompanied by police with FIR and case files.
  • Immediate medical attention:
    • Mandatory comprehensive examination upon presentation of a pregnant sexual assault survivor.
    • In cases where gestation appears over 24 weeks, hospitals must constitute a medical board immediately without waiting for court orders.
  • Legal and procedural awareness:
    • SOPs, MTP Act, and POCSO guidelines must be accessible in Emergency and Gynaecology departments.
    • Doctors to be sensitized and trained in legal obligations under MTP and POCSO Acts.
  • Training and accountability:
    • Quarterly training for medical staff in coordination with Delhi State Legal Services Authority (DSLSA) and Delhi High Court Legal Services Committee (DHCLSC).
    • Appointment of nodal officers in each government hospital to coordinate with CWC, Investigating officers (IOs), and courts.
    • Informed consent: MTP consent must be taken in a language understood by the survivor or guardian (Hindi/English).
• Directions to Delhi Police:
  • Biannual training: IOs in POCSO cases must undergo mandatory six-monthly training on MTP protocols and court coordination.
  • Documentation: Training completion certificates to be filed in service records.
  • Prompt medical action: IOs to ensure survivors are brought to hospitals or boards at the earliest opportunity with relevant documentation.
• Earlier guidelines by the Court:
  • April 2025 guidelines:
    • CWCs must immediately notify DHCLSC when referring to minor survivors with gestational age over 24 weeks for MTP.
    • DHCLSC to promptly decide on approaching courts for necessary permissions to avoid delay.
  • January 2023 guidelines:
    • Mandatory Urine Pregnancy Tests during medical examination of sexual assault survivors.
    • Adult survivors found pregnant must be presented to the medical board the same day.
    • State governments directed to ensure medical boards are available in hospitals.

Conclusion

• The Delhi High Court’s proactive judicial intervention underscores the need for sensitive, efficient, and legally sound procedures in cases involving the MTP of sexual assault survivors. 
• These guidelines aim to bridge institutional gaps and uphold the fundamental rights of survivors, particularly minors, under the ambit of constitutional and statutory protections.

Source: TH

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