The High Court in Delhi asked the Hospital in National Capital to delay the requirements of evidence of rape that survived who seek to terminate their pregnancy at the orders of the courts. | Photo Credit: Getty Images/Istock
The High Court in Delhi asked the Hospital in National Capital to delay the requirements of evidence of rape that survived who seek to terminate their pregnancy at the orders of the courts.
The justice of Swaran Kant Sharma also emphasized the urgent need for “clear, practical and sensitive” medical protocols for such survivors, especially minors.
Insufficient clarity of procedures, insistence on identity documents and delay in performing the necessary medical examinations, such as ultrasound, in this case contributed to further victim’s problems, the court said.
“Hospitals and medical institutions must be sensitized to the fact that cases concerning the victims of sexual assault, especially smaller girls, require a more sensitive and sensitive approach,” said the court on May 29.
Court for Doctors about treatment with surviving sexual violence
Medical protocols, as they say, have to cope not only with legal duties, but also with compassion, practicality and understanding of the unique challenges that survivors of sexual violence face.
‘If the victim of a sexual assault (main or minor) is accompanied by an investigative officer or has been produced according to the court’s management or CWC, identification evidence/ identification card of the victim will not be launched on the basis of ultrasound or any appropriate diagnostic procedure.
The matter concerned a minor surviving rape that was looking for a medical termination of pregnancy.
The court issued a number of instructions to all parties to all parties to ensure clarity and uniformity in dealing with cases of sexual assault in which the surviving pregnant was pregnant.
The court ordered that in all cases a comprehensive medical examination should be performed without any delay in the hospital and the physician concerned.
It should be the responsibility of the investigative officer (IO) to identify the victim and ensure that it is produced in front of a doctor, hospital or medical council, necessary documents and the case of the victim’s case is transferred by a police officer, the court said.
“In cases of rape victims, where the gestational period exceeds 24 weeks, the medical council will be immediately established and without waiting for any specific direction of the court, the Council will perform the necessary medical examination and prepare the relevant report before the competent authority,” she said.
Consent to the medical termination of pregnancy
The consent to the medical termination of pregnancy should be obtained from the victim or its legal representative in the folk language he understands.
“The hospital administration is ordered to make the latest, updated standard operational procedure (SOP) and the relevant legal instructions in emergency and gynecological departments and ensured that doctors are regularly informed and sensitized on their obligations under the MTP law, law POCO and the Supreme Court and the main courts.
Less than survivors in the case of the hospital authorities were averted by the fact that before the Medical Council could perform any medical assessment, a court order was required for the first time.
The AIIMS report recorded that there was an urgency on this matter, and the clinical indication indicated for about 20 weeks.
However, the nursing medical staff in the hospital refused to perform ultrasound because of no surviving card identification card and insisted on performing the ossification test on it.
It was not examined by the Medical Council because the person concerned touched that the court order was required because the pregnancy exceeded 24 weeks.
The Court of Justice recorded contradictions and to avoid any confusion, approved a specific order that directs Aiim to perform a medical termination of pregnancy (MTP) surviving rape on May 5, but emphasized that he later brought a justified sentence that later deals with procedural wheels and systemic problems.
Published – 2 June, 2025 17:17
