The Delhi high court recently observed that in situations where a pregnancy needs to be terminated due to rape, both the medical board and the investigating police officer should explain the advantages and disadvantages of the medical termination of pregnancy to the rape victim and, if she is a minor, to her guardians. This should be done in both Hindi and English to ensure clear communication and informed decision-making.

Justice Swarana Kanta Sharma emphasized the significance of providing explanations in a language comprehensible to the victim and her guardian. The Court has issued a directive that, from now on, in cases of medical termination of pregnancy resulting from rape, the benefits and drawbacks of the procedure will be elucidated in Hindi if the victim and her guardian, in the case of a minor victim, understand Hindi. Alternatively, explanations will be given in English. This directive underscores the importance of clear communication and informed decision-making in such sensitive cases.

The Court issued this order in response to a petition filed by a 16-year-old girl who was 25 weeks pregnant. The victim requested a medical termination of pregnancy, asserting that the pregnancy was a consequence of a sexual assault by a boy with whom she had a relationship. Tragically, her parents had passed away, and she was residing with her aunt. In this challenging and sensitive circumstance, the Court's order seeks to ensure that the victim and her guardian, who is her aunt in this case, receive clear explanations in a language they understand to make an informed decision about the pregnancy termination.

During the hearing on November 3, Justice Sharma expressed significant frustration with hospital authorities for their refusal to provide an opinion on the termination of pregnancy without a judicial order. The bench pointed out that in a previous case in January 2023, known as "Minor R Thr Mother H v State of NCT of Delhi & Anr," the Court had issued comprehensive guidelines for terminating pregnancies in cases where the gestation period of sexual assault victims exceeded 24 weeks. However, it was noted that these directives were not being followed as intended. This indicates the Court's concern about ensuring the timely and appropriate care and legal procedures for victims of sexual assault in such delicate situations.

Justice Sharma subsequently issued a directive for the hospital to form a medical board and evaluate the victim's condition on November 4, which was a Saturday. However, when the case was reviewed on that Saturday evening, the medical board's report indicated that the victim was not willing to undergo a medical termination of pregnancy. 

In response to the victim's concerns, the Court had an interaction with her. She expressed her fear of potential risks to her life during the termination procedure, as doctors had informed her about the dangers involved. However, her guardian, who is her aunt, expressed support for the termination of the pregnancy. Consequently, the Court decided to send the victim back to the medical superintendent and medical board at Guru Teg Bahadur Hospital, with the instruction to once again provide a clear explanation of the advantages and disadvantages of the termination of pregnancy to the victim.

The Court observed that the medical report provided to it did not mention that the doctors had informed the victim that she would risk losing her life. It appeared that there might have been a miscommunication, as the Medical Board's opinion was that a medical termination of pregnancy was feasible, and the victim was mentally capable of making a decision.

The Court instructed the Medical Board to seek the victim's opinion once more. If, after revaluation, the victim reiterated her decision not to undergo a medical termination of pregnancy and wished to continue with it, she was to be presented before the Court on November 6, 2023, at 3:00 PM.

However, if both the victim and her guardian were in agreement regarding the medical termination of pregnancy, and the Medical Board deemed it a suitable course of action, the termination procedure was to be conducted on the same day. This would be carried out following the same guidelines as outlined in paragraph 18 of the Court's order dated November 3, 2023, to prevent any unnecessary delays and ensure the timely and appropriate care of the victim.

The Court also directed that the Medical Board must provide clear explanations, both in Hindi, the mother tongue of the victim and her guardian, about the advantages and disadvantages of both medical termination of pregnancy and continuing with the pregnancy. 

The case is scheduled to be heard again on November 6 at 3:00 PM. The Court will review the situation and any further developments at that time.

Case: Minor L Thr Guardian J v State & Anr, W.P. (CRL) 3239/2023.