Medical, legal hurdles in rape cases cut by HC

NEW DELHI: The Delhi high court has laid down comprehensive guidelines for hospitals and police authorities to streamline medical and legal procedures in cases involving minor rape victims seeking termination of pregnancy.

- Shruti Kakkar

Justice Swarana Kanta Sharma, in a ruling delivered on May 29 and released later, directed hospitals to promptly conduct medical examinations of rape and sexual assault victims and constitute medical boards in cases where pregnancies exceed 24 weeks, without awaiting judicial orders.

"In all cases where a victim of rape/sexual assault is found to be pregnant, a comprehensive medical examination shall be conducted without any delay by the hospital and doctor concerned. In cases of rape victims, where the gestational period exceeds 24 weeks, the Medical Board shall be constituted immediately, and 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 before appropriate authorities, so that an order may be passed without delay when a victim approaches this Court for passing of directions for medical termination of pregnancy," the judge held.

In her 46-page verdict, Justice Sharma also directed hospitals not to insist on an identification proof while conducting diagnostic procedures, such as an ultrasound examination, if the victim is accompanied by the investigating officer (IO). "The identification by the IO will suffice in the case," the judgment said while mandating IOs to ensure the victim's production before the hospital along with all necessary case documents.