Delhi High Court has directed hospitals not to insist on identification proof from rape victims seeking abortion.
Justice Swarana Kanta Sharma, who passed the direction, noted the absence of clear medical guidelines for rape survivors, particularly minors.
The court was dealing with the plea of a minor rape victim who was taken to AIIMS, Delhi, for tests. The doctors had allegedly refused to perform an ultrasound on her, citing the unavailability of an ID card.
Emphasising that insistence on ID caused a critical delay in the victim’s pregnancy assessment, the court remarked that the FIR was enough to support her claim.
Underlining that the matter does not concern a routine pregnancy, the high court issued several directions to city hospitals with regard to the medical check-up of rape victims.
“Where the victim of sexual assault (major or minor) is accompanied by the investigating officer or has been produced pursuant to direction of a court or CWC, identification proof/identity card of the victim shall not be insisted upon by hospital and doctor concerned for the purpose of conducting ultrasound or any relevant/necessary diagnostic procedure. The identification by the IO will suffice in such cases,” the court ruled.
In cases where the gestational period exceeds 24 weeks, the medical board shall be constituted immediately, the court said. “Without waiting for any specific direction from the court, the board shall conduct the necessary medical examination and prepare an appropriate report at the earliest and place it before appropriate authorities,” it added.