Delhi HC: Hospitals Must Not Demand ID Proof from Rape Survivors Seeking Abortion

In a significant move to protect the rights and dignity of sexual assault survivors, the Delhi High Court has asked the hospitals in the capital should not insist on identity proof from rape survivors seeking abortion when they are accompanied by an investigating officer (IO) or are referred through a court or Child Welfare Committee (CWC). 

The verdict came in response to a case involving a 17-year-old rape survivor who had approached AIIMS Delhi for medical help. Despite being accompanied by a police officer, the hospital refused to conduct an ultrasound because she didn't have a valid ID.

The delay lasted enough for her pregnancy to cross the 24 week threshold beyond which the abortion becomes legally complicated and medical riskier. The medical board did not examine her immediately, citing the need for court’s order as the pregnancy has exceeded the limit.

Court Steps In

Justice Swarana Kanta Sharma, who heard the case, emphasized that survivors should not face further trauma due to these formalities. She also underlined the need for clear, practical and sensitive medical protocols for such survivors, particularly minors.

Lack of clarity on procedures, delay in carrying out necessary medical procedures such as ultrasound and insistence on identity documents have all contributed to the increased distress of the victim.

New Guidelines for Hospitals

The court has issued several norms for pregnancy termination in sexual assault cases on May 29:

• No Delay in Procedures: Court has directed that doctors and hospitals should conduct medical examinations without any delay for pregnant rape survivors.

• Duties of Investigating Officer (IO): The IO is responsible for identifying the victim and ensuring that all the necessary documents and case files of the victim are carried by them.

• No Delay in Medical Boards: If a pregnancy is over 24 weeks, medical boards must be formed immediately—hospitals cannot wait for formal court directions.

• Dedicated Nodal Officers: Every government hospital must appoint a nodal officer to coordinate such sensitive cases quickly and without confusion.

• Preservation of Fetal Tissue: Fetuses from MTP procedures of rape victims must be preserved for possible DNA testing to support the survivor’s legal case.

• Consent for Termination: The consent for medical termination of pregnancy should be taken from the victim or the guardian in the vernacular language understood by them.

The court further stated that, “The hospital administration is directed to make available the latest, updated Standard Operating Procedure (SOP) and relevant legal guidelines in both emergency and gynecology departments, and to ensure that duty doctors are briefed and sensitized regularly regarding their obligations under the MTP Act, POCSO Act, and guidelines laid down by the Supreme Court and high courts.”

(Input from various sources)

(Rehash/Pooja Bansal/MSM)