‘Ground situation unchanged’: Delhi HC flags ordeal of survivors seeking abortion

NEW DELHI: The Delhi High Court was recently displeased with its directions not being complied with by the doctors in the national capital for constituting a panel to determine the cases of sexual assault survivors seeking abortion without any delay.

Justice Swarana Kanta Sharma’s verdict on April 17 outlined the “unfortunate” state of affairs over the compliance of its directions passed on January 25, 2023 and November 3, 2023 through which hospitals were ordered to constitute medical boards to examine sexual assault survivors seeking medical termination of their pregnancy.

The high court underlined the intent of its 2023 directions saying the medial examination of a sexual assault survivor, having a pregnancy beyond 24 weeks, was ordered to be conducted immediately under the law and related report was to be kept ready when either the girl or anyone on her behalf moved court seeking abortion.

Finding the situation on the ground level remained largely unchanged, the judge said, “The intent to expedite and streamline the process for termination of a pregnancy conceived as a result of sexual assault has, regrettably, not translated into effective and time-sensitive action.”

The matter before it surrounded a 15-year-old minor survivor’s ordeal.

She wanted to abort her over 27-week pregnancy--beyond the 24-week permissible timeframe.

The issue stemmed from the condition set out by the Delhi government’s LNJP Hospital when the parents of the minor survivor went there to get her pregnancy terminated.

The parents were asked to obtain a court order as the gestational age of the foetus had crossed the permissible duration under the Medical Termination of Pregnancy Act.

The high court lamented the non-compliance of its directions and said the permanent medical boards constituted in eight government and five private hospitals in the capital were expected to not wait for a court order before examining the survivor and prepare the report.

Despite the fact that two years had passed since the directions, the court expressed regret and questioned how a survivor, pregnant owing to the assault, was left for days altogether awaiting a court’s order and the same was of no solace to her.

The court, as a result, passed a new set of guidelines to provide prompt and appropriate legal guidance aside from medical support to minor rape survivors seeking the medical termination of pregnancy.

Survivors, particularly minors, hailing from socio-economically disadvantaged backgrounds, often remained unaware of the appropriate legal forum to approach or the procedure to be followed when it came to getting their pregnancy terminated.

The court directed whenever a minor survivor, whose pregnancy exceeded 24 weeks, was produced before a child welfare committee and referred to a hospital for medical examination or medical termination of pregnancy, the committee would inform the Delhi High Court Legal Services Committee about it.

The court ordered the hospital to arrange for the survivor’s abortion and preserve the foetus for DNA evidence. It directed the state to cover all medical costs and sought an explanation for the delay in the medical examination.