Delhi HC Guidelines on Medical Termination of Pregnancy
The Delhi High Court established new guidelines to improve the handling of Medical Termination of Pregnancy (MTP) cases involving survivors of sexual assault. This decision followed a disturbing incident where a minor rape survivor faced delays in receiving essential medical care due to administrative errors and miscommunication. The court’s intervention aimed to ensure timely and appropriate medical responses in such sensitive cases.
Key Court Directions
The court mandated that when a sexual assault survivor is presented for medical examination, identity verification should not impede the process. For minors, strict adherence to standard procedures is not required. Hospitals must conduct comprehensive medical examinations without delay for any rape survivor who is pregnant. If gestational age exceeds 24 weeks, a medical board must be formed immediately to assess the situation.
Updated Hospital Protocols
Hospitals are now required to ensure that updated Standard Operating Procedures related to MTP are accessible in Emergency and Gynaecology Departments. Duty doctors must receive regular training on their responsibilities under the MTP Act and the Protection of Children from Sexual Offences (POCSO) Act. Additionally, quarterly training programmes are mandated for medical staff in collaboration with legal aid bodies.
Role of the Delhi Police
The Delhi Police were instructed to ensure that officers dealing with POCSO and sexual assault cases receive mandatory training every six months. This training focuses on MTP procedures and coordination with medical authorities. Officers must ensure that survivors are presented to medical facilities promptly, along with all necessary documentation.
Previous Guidelines Overview
Earlier in April 2025, the court issued guidelines to prevent delays in cases involving minors with gestational ages exceeding 24 weeks. The CWC is required to notify the Delhi High Court Legal Services Committee (DHCLSC) immediately upon referral to a hospital. This ensures that legal interventions can be sought quickly to facilitate timely medical care.
Importance of Consent
Consent for MTP procedures must be obtained from the survivor or her guardian in a language they understand. This process is crucial to ensure that the survivor is fully informed and comfortable with the procedure.
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