The Delhi High Court has introduced new rules to improve how Medical Termination of Pregnancy (MTP) cases are handled for survivors of sexual assault. This move follows a troubling case where a minor rape survivor experienced delays in receiving urgent medical care because of administrative mistakes and poor communication. The court’s decision aims to ensure quicker and better medical responses in such sensitive cases.
Key Court Instructions
The court ordered that identity verification should not delay medical examinations for sexual assault survivors. For minors, strict procedural requirements can be relaxed. Hospitals must carry out full medical examinations immediately for any pregnant rape survivor. If the pregnancy has passed 24 weeks, a medical board must be formed right away to evaluate the case.
Updated Hospital Procedures
Hospitals must now keep updated Standard Operating Procedures (SOPs) related to MTP visible in their Emergency and Gynaecology Departments. Doctors on duty must receive regular training on their duties under the MTP Act and the Protection of Children from Sexual Offences (POCSO) Act. Medical staff are also required to attend quarterly training sessions in cooperation with legal aid organizations.
Role of Delhi Police
The Delhi Police have been directed to provide mandatory training every six months for officers handling POCSO and sexual assault cases. This training will cover MTP procedures and coordination with medical teams. Police officers must ensure that survivors are taken promptly to medical facilities, along with all necessary documents.
Previous Guidelines
In April 2025, the court had already issued guidelines to avoid delays for minors whose pregnancies exceed 24 weeks. The Child Welfare Committee (CWC) must notify the Delhi High Court Legal Services Committee (DHCLSC) as soon as a case is referred to a hospital. This helps secure timely legal support for the medical process.
Importance of Consent
Consent for MTP must be obtained from the survivor or her guardian in a language they understand. This step ensures that the survivor is fully informed and comfortable with the procedure.
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