New Delhi: Amid rising cases of minor rape survivors seeking abortion beyond the legal limit of 24 weeks, the Karnataka High Court has passed a series of directions on the handling of unwanted pregnancies caused by sexual assault so that survivors are spared additional mental trauma.
The suggestions include informing the rape survivor at the earliest about the right to terminate their pregnancy, counselling them about legal options, and having a standard operating procedure for such cases.
The order came Tuesday in a case titled ‘X vs State’, in which a 17-year-old girl who was 24 weeks pregnant, represented by her father, had approached the court with a plea to issue directions to a government hospital to terminate her pregnancy.
Justice Suraj Govindaraj allowed her plea, in which the minor had argued that if she continued with her pregnancy, she would not be able to continue her education and it would be difficult for her to mingle in society, causing her both physical and psychological distress.
ThePrint has seen a copy of the order.
The court agreed with the petitioner’s contention that unwanted pregnancies violate the integrity of the survivor’s body and result in severe mental trauma, and pointed out that early awareness of the right to abort can avoid mental trauma at a later stage.
It directed that the right to terminate pregnancy caused by sexual offences be conveyed to both the survivor as well as her family at the time of registration of the FIR itself.
“It is only subsequent to the filing of FIR during the course of investigation and/or sometimes even much later that a wish or desire is expressed by the victim of such an offence for termination of the pregnancy caused out of such offence, for various reasons, some of which have been put forth by the petitioner in the present matter,” the court noted.
“Most of the time, by the time such a wish (to terminate pregnancy) is expressed, the gestation period would have crossed 24 weeks which is the permissible period under the Medical Termination of Pregnancy Act, 1971. Any delay thereafter would require permission to be obtained from this court (sic),” it said.
The court observed that during the entire period of investigation, including the time the medical board takes to ascertain whether such a (termination) procedure can be carried out, and orders are passed on the basis of recommendations, such petitioners along with their family have to undergo severe mental trauma.
In the case under consideration, the court allowed the termination of the minor’s pregnancy at 26 weeks, taking note of the medical board’s report that said the minor’s basic parameters were normal and there would be no harm or injury to her if the procedure was performed.
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Slew of directions
The high court passed a slew of directions to the authorities to follow in cases of pregnancies resulting from rape, including a medical examination to ascertain if the survivor is pregnant or not immediately upon the registration of a sexual offence case under Section 376 of the Indian Penal Code, or under the Protection of Children from Sexual Offences Act.
If they are found to be pregnant, the gestation period, physical and mental status of the survivor and ability to undergo a medical termination of pregnancy and any other aggravating factors have to be ascertained, it said.
The investigation officer has to then inform the child welfare committee or district child protection unit, which have to counsel the survivor and her family members about the legal options available, such as continuance of the pregnancy and consequences thereof, and the termination of pregnancy, the process, procedure and consequences thereof.
The court said that such counselling has to be carried out in a language known to the victim so that there is no miscommunication.
It also directed that, in the case of abortion, tissue samples of the foetus have to be sent to the Forensic Science Laboratory for DNA analysis and to possibly preserve additional samples for verification.
The court said the director general of police along with the principal health secretary of Karnataka should prepare a standard operating procedure for such cases after constituting a committee of experts, and circulate it among investigating officers, child welfare committees, district child protection units and government hospitals.
The court said that follow-up checks should be conducted to ascertain the physical and mental well-being of the survivor.
(Edited by Nida Fatima Siddiqui)
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