Delhi HC Expresses Displeasure With Police, Hospitals For Not Ensuring Prompt Medical Examination Of Rape Victim Seeking To Terminate Pregnancy

Delhi HC Expresses Displeasure With Police, Hospitals For Not Ensuring Prompt Medical Examination Of Rape Victim Seeking To Terminate Pregnancy

Case: MINOR L THR GUARDIAN J v. STATE & ANR.

Coram: Justice Swarana Kanta Sharma

Case No.: W.P. (CRL) 3239/2023

Court Observation: “Therefore, this Court notes with strong sense of disapproval that the doctors concerned had not given any opinion regarding termination of pregnancy of the victim of sexual assault despite directions of this Court and notification constituting medical boards in this regard issued by Government of NCT of Delhi in compliance of order of this Court,”

“In case the Medical Board opines that the victim herein is physically and mentally fit to undergo medical termination of pregnancy, the Superintendent, Guru Teg Bahadur Hospital, Delhi shall ensure that all necessary arrangements are made for the purpose of medical termination of her pregnancy which shall be conducted at the earliest and preferably within 24 hours of obtaining opinion of Medical Board,”

“In these circumstances, this Court unequivocally directs that in future, such lapse on the part of concerned authorities will be treated seriously as such lapses can adversely affect the physical well-being of child victim, and each passing day poses threat to the life of minor victim and also makes it difficult to carry out medical termination of pregnancy,”

“The Secretaries of Ministry of Health & Family Welfare, Government of NCT of Delhi, and Ministry of Health & Family Welfare of India shall ensure that the aforesaid directions are circulated in all the Government as well as Private Hospitals in Delhi for necessary information and compliance. The Secretary, DSLSA is directed that necessary information regarding the directions issued by this Court shall be made available and uploaded on the websites of DSLSA,”

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Delhi HC Expresses Displeasure With Police