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The Delhi High Court has said that the pros and cons of medical termination of pregnancy (MTP) in rape cases will be explained in Hindi and English to the minor victim and her guardian.
A single judge bench of Justice Swarana Kanta Sharma in its November 4 order observed that the explanation of the language spoken and understood by the victim and her guardian is of utmost importance.
The court further said, “Every endeavour be made by the investigating officer and the Medical Board that the above said (pros and cons) is explained in the language spoken and understood by the victim and her guardian. Medical termination of pregnancy involves mental and physical repercussions which may last for a lifetime and therefore, the procedure to be followed cannot be a routine or business-like exercise. The most vital strength in such cases can often come from the doctors who examine such victims and explain to them the pros and cons”.
The HC was hearing the plea of a 16-year-old carrying a pregnancy of a gestation period of 25 weeks. The girl was seeking medical termination of pregnancy and said that the pregnancy was a result of her relationship with a boy who had sexually assaulted her.
Previously the girl told the court that she wanted to terminate her pregnancy. On November 3 Justice Sharma directed the Medical Board constituted at Guru Teg Bahadur Hospital, Delhi, to examine the girl on November 4 at 10 am to assess whether the medical termination of pregnancy will pose a risk to her life at the current stage of gestational period.
However, the report of the Medical Board, which was submitted before the court on Saturday revealed that the girl was not willing to undergo medical termination of pregnancy.
When the court interacted with the girl, she said that she was fearful of losing her life in the process as the doctors had told her the dangers of the procedure. Her aunt who is also her guardian since the girl’s parents have passed away said that she is in favour of termination of pregnancy.
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Justice Sharma thereafter sent the girl back to appear before the medical superintendent and the Medical Board at Guru Teg Bahadur Hospital, Delhi. The court said that the board will again explain to the girl the pros and cons of medical termination of pregnancy. Justice Sharma noted that the medical report does not mention whether the girl was told that she will lose her life, and therefore, it seems that there was some miscommunication.
“The Medical Board had rather opined that medical termination of pregnancy is possible and the victim is mentally fit to take a decision. Let the Medical Board seek her opinion once again and in case she again states that she does not want medical termination of pregnancy and wants to continue with it, she be produced before this court on 06.11.2023 at 3pm,” the court directed.
The court said if the girl and her guardian agree to the medical termination of pregnancy and the board finds it a fit case for the same it will be conducted the same day following the same directions as mentioned in the November 3 order of the HC so that precious time is not lost in seeking a court order.
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