2025 Supreme(Online)(Del) 3124

THE HIGH COURT OF DELHI AT NEW DELHI
Swarana Kanta Sharma, J
MINOR S (THR. MOTHER M) – Appellant
Versus
STATE & ANR. – Respondent
1804/2025

The court emphasized that procedural requirements should not delay medical care for sexual assault victims, particularly minors, and established guidelines for immediate medical responses.

Headnote:(A) Medical Termination of Pregnancy Act, 1971 - Sections 3(2)(a), 3(2)(b), 3(2C), 3(2D) - Protection of Children from Sexual Offences Act, 2012 - The Court addressed the urgent need for medical termination of pregnancy for a minor rape victim, emphasizing the necessity of immediate medical care without undue delays caused by procedural requirements. The Court highlighted systemic failures in the medical response to sexual assault victims, particularly regarding the insistence on identity proof and the delay in medical assessments. (Paras 1-3, 41-52)

(B) The Court reiterated that in cases of sexual assault, especially involving minors, standard procedural safeguards should not be rigidly applied, and identification by the Investigating Officer should suffice for medical examinations. (Paras 46-49)

(C) The Court mandated the establishment of clear protocols for handling cases of sexual assault victims seeking medical termination of pregnancy, ensuring that medical boards are constituted without delay and that victims receive timely care. (Paras 64-66)

Facts of the case:
A minor rape victim, aged 17, sought medical termination of pregnancy after being denied care due to lack of identity proof. Despite clear indications of pregnancy and consent from the Child Welfare Committee, the hospital delayed necessary medical procedures.

Findings of Court:
The Court found significant delays and procedural lapses in the hospital's handling of the case, emphasizing the need for immediate medical intervention for victims of sexual assault.

Issues: The main issues included the necessity of identity proof for medical examinations, the delay in medical assessments, and the need for clear protocols for handling such cases.

Ratio Decidendi: The Court ruled that procedural requirements should not impede timely medical care for sexual assault victims, particularly minors, and established guidelines to ensure prompt medical responses in future cases.

Result: The writ petition was disposed of with directions for immediate medical termination of pregnancy and the establishment of comprehensive protocols for future cases.

Table of Content
1. minor rape victim's traumatic situation. - What are the circumstances surrounding the minor's pregnancy? (Para 1 , 2 , 3)
2. procedural delays in medical examination. - What procedural issues arose during the medical examination? (Para 4 , 5 , 6 , 7 , 8 , 9 , 10)
3. court's directives for immediate medical assessment. - What directives did the court issue regarding medical examination? (Para 12 , 13)
4. inconsistencies in medical assessments. - What inconsistencies were noted in medical reports? (Para 14 , 15 , 16)
5. legal framework for mtp in india. - What is the legal framework for medical termination of pregnancy? (Para 18 , 19 , 20)
6. judicial precedents on mtp beyond 24 weeks. - How have courts addressed MTP beyond 24 weeks? (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28)
7. guidelines for mtp in sexual assault cases. - What guidelines were established for handling MTP cases? (Para 29 , 30 , 31 , 32 , 33)
8. implementation issues of mtp guidelines. - What issues arose in the implementation of established guidelines? (Para 34 , 35 , 36 , 37 , 38 , 39)
9. delays in medical procedures for the victim. - What delays occurred in the medical process for the victim? (Para 40 , 41 , 42 , 43 , 44 , 45)
10. identity verification issues for rape victims. - How should identity verification be handled for rape victims? (Para 46 , 47 , 48 , 49 , 50 , 51 , 52)
11. concerns over age determination of the victim. - What concerns arose regarding the victim's age determination? (Para 53 , 54 , 55)
12. discrepancies in gestational age assessments. - What discrepancies were found in gestational age assessments? (Para 56 , 57 , 58 , 59 , 60 , 61 , 62 , 63)
13. comprehensive directions for handling mtp cases. - What comprehensive directions were issued for future cases? (Para 64 , 65 , 66)
14. conclusion and appreciation for legal counsel. - What is the conclusion of the court regarding the case? (Para 68 , 69 , 70 , 71 , 72 , 73)

INTRODUCTION

1. This Court has once again been called upon, by way of the present writ petition preferred by a minor sexual assault victim through her mother, who is presently admitted and confined within the four walls of a hospital ward – carrying the enormous burden not only of a pregnancy resulting from sexual assault, but also of the memories associated with such trauma.

2. The victim‘s statement to the doctor who conducted her medico-legal examination, and the medical records itself revealed additional shocking details, i.e. that the victim was burnt by the accused with a lighter at different places on her body. As if the physical injuries and sexual assault were not enough to traumatize her, the indifference shown by the medical staff has only compounded her suffering. The doctors chose not to perform her ultrasound on the first day she was brought to the hospital solely because she did not possess an identity card.

3. This is also, yet another unfortunate occasion where this Court is confronted with the distressing reality of a minor rape victim, aged about 17 years, seeking medical termination of pregnancy [hereafter also referred to as ‗MTP‘], only to be turned away by the hospital authorities on the ground that an order of this Court is first required before any medical assessment could be carried out by the Medical Board.

FACTUAL BACKGROUND

4. The facts, as they unfold from the perusal of the petition, are that an FIR bearing no. 335/2025 was registered at Police Station Fatehpur Beri, Delhi on 11.05.2025, for commission of offence punishable under Section 64(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 6 of the Protection of Children from Sexual Offences Act, 2012 , on the statement of minor victim S, who alleged that the accused ‗A‘ had committed sexual assault with her on several occasions on the false promise of marriage, due to which he had become pregnant.

5. On the same date, the victim was taken to All India Institute of Medical Sciences (AIIMS), Delhi for her medical examination. The Medico-L

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