Delhi High Court's Directives for Handling Pregnant Sexual Assault Survivors
In a recent development, the Delhi High Court has issued a comprehensive set of instructions to guide authorities and medical professionals when dealing with survivors of sexual assault who are pregnant. The case in question, titled Nabal Thakur v The State, prompted Justice Swarana Kanta Sharma to establish crucial guidelines to ensure proper care and evidence preservation for survivors.
One notable directive stipulates that even if the gestation period is below 20 weeks, the Investigating Officer (IO) must arrange for the survivor's medical termination of pregnancy within 24 hours after the order is issued. This process is to be supervised by the Superintendent of the relevant hospital.
To safeguard both the survivor's well-being and the integrity of evidence, the Court has mandated that the attending doctor takes the necessary time for proper examination and care, preventing any hasty discharge.
In instances where the survivor is discharged without undergoing pregnancy termination, the responsible doctor must document detailed reasons for this decision. This measure aims to prevent the loss of critical evidence, ensuring a thorough record of treatment and procedures undertaken for pregnancy termination or other medical interventions related to the assault.
Justice Sharma highlighted a persistent issue in the medical records, pointing out difficulties arising from illegible handwriting, medical abbreviations, and jargon commonly used in Medical Legal Cases (MLCs) and discharge summaries. As a remedy, the Court ordered all hospitals to create typed copies of the original MLCs and discharge summaries, which should be provided to the Investigating Officer within a week of the examination.
The Court's directives extend beyond the medical sphere. The Delhi government and the Union Ministry of Health and Family Welfare are compelled to ensure that established guidelines and Standard Operating Procedures (SOPs) for examining sexual assault victims are disseminated throughout all city hospitals. Additionally, these authorities are required to incorporate the newly issued directions into existing SOPs. This includes the provision that if a victim is pregnant and there are orders for medical termination of the pregnancy, the Investigating Officer must present the order to the relevant hospital's Superintendent. The doctor assigned to perform the termination must exercise utmost caution throughout the process.
This landmark decision emerged from the bail application of a man accused of sexually assaulting a minor girl. The Court found the accused had repeatedly raped the young girl, leading to her pregnancy. Despite being admitted to a hospital on several occasions, she experienced a spontaneous abortion at home, which prevented the preservation of crucial evidence due to lapses in medical records.
Ultimately, the Delhi High Court's proactive measures aim to ensure proper medical care, evidence preservation, and systematic coordination among authorities when handling cases of pregnant sexual assault survivors. The accused in this case, Nabal Thakur, was represented by Advocates Sunil Kumar and Giri Raj Singh, while Additional Public Prosecutor (APP) Manoj Pant represented the State.
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TAGS: Delhi High Court directions pregnant sexual assault survivors Nabal Thakur v The State Justice Swarana Kanta Sharma Investigating Officer medical termination of pregnancy Superintendent evidence preservation doctor's care discharge summaries MLCs guidelines Standard Operating Procedures Delhi government Union Ministry of Health and Family Welfare sexual assault examination victim's care bail application accused minor girl repeated rape pregnancy spontaneous abortion medical records Advocates Sunil Kumar Giri Raj Singh Additional Public Prosecutor Manoj Pant.
