Karnataka High Court Issues Guidelines For Early Detection Of Pregnancy In Minor Rape Survivors, Protecting Their Health & Mental Wellbeing

The Karnataka High Court has directed that immediately upon registration of a sexual offence under Section 376 of IPC or the POCSO Act, a medical examination of the victim must be made. Most of the time, by the time such a wish is expressed the gestation period would have crossed 24 weeks which is the permissible period under the Medical Termination of Pregnancy Act, 1971 any delay thereafter would require permission to be obtained from this Court.” The Court further noted that at present, for terminating the pregnancy of a minor rape survivor, which had crossed 24 weeks, a Medical Board needs to be constituted to ascertain whether such a procedure for termination of pregnancy can be carried out or not and based on the recommendation of the board, orders are passed. Following this, it issued the following guidelines: i) Immediately on registration of a sexual offence under Section 376 of IPC or under the POCSO Act, a medical examination of the victim be made to ascertain amongst others if she is pregnant or not, if so the gestation period to be ascertained, the physical and mental status of the victim, the ability to undergo the medical termination of the pregnancy, any aggravating factors and/or factors which will impinge upon the health and wellbeing of the victim. ii) In the event of the victim is found to be pregnant, the Child Welfare Committee and/or District Child Protection Unit, as the case may be, is directed to be informed of the same by the Investigation officer, who in turn are directed to counsel/advice the victim and her family members of the legal options which are available like the continuance of the pregnancy and consequences thereof, the termination of the pregnancy, the process, procedure and consequences thereof etc. The bench thus constituted a Medical Board in terms of sub-Section of Section 3 of the Medical Termination of Pregnancy Act, 1971 and on receipt of the opinion, said: “In view of the said report not indicating any contra-indications and/or any aspect which may endanger the petitioner if Medical Termination Pregnancy procedure is resorted to, I am of the considered opinion that the said request can be favourably considered.” It concluded that if the victim wishes to terminate the pregnancy which has been forced on her, the said request would have to be considered favourably.