Delhi High Court mandates guidelines for doctors, police handling pregnant sexual assault cases.

Justice Swarana Kanta Sharma emphasizes on timely medical termination of pregnancy

Justice Swarana Kanta Sharma has ruled that in cases where the gestation period is less than 20 weeks, the Investigating Officer (IO) should ensure that the survivor is presented for medical termination of pregnancy within 24 hours of the court order. This order is to be executed before the Superintendent of the concerned hospital.

Preserving the foetus and avoiding premature discharge

The court has specifically instructed the doctor responsible for the case to take necessary measures to preserve the foetus. Additionally, the survivor should not be discharged hastily. It is essential to maintain the crucial evidence in the form of the foetus for further legal proceedings.

The Court stated, “The doctor concerned will also mention, in case the victim is discharged without termination of pregnancy, the reasons for the same so that the crucial evidence in the form of foetus is not lost. It shall be the duty of the doctor concerned to mention in detail the treatment given to the victim of sexual assault, including any medicines or procedures performed for the purpose of termination of pregnancy.”

Ensuring justice and proper medical care

This ruling by Justice Swarana Kanta Sharma aims to ensure justice for survivors of sexual assault and to guarantee proper medical care. By mandating the timely medical termination of pregnancy, the court acknowledges the physical and mental trauma faced by survivors and seeks to prevent any further harm.

Implications for doctors and hospitals

Doctors and hospitals must adhere to this ruling and prioritize the well-being of survivors. The doctor responsible for the case should carefully document the treatment provided and any medications or procedures carried out. Discharging a survivor without terminating the pregnancy should only be done in exceptional circumstances, and the reasons for such actions must be clearly stated.

Preserving evidence for legal proceedings

By emphasizing the preservation of evidence in the form of the foetus, the court recognizes the importance of this evidence in legal proceedings. It is crucial to avoid any potential loss or tampering of evidence, which could hinder the pursuit of justice.

Conclusion

Justice Swarana Kanta Sharma’s ruling highlights the importance of timely medical termination of pregnancy in cases of sexual assault. This decision aims to protect survivors and ensure proper medical care. Doctors and hospitals must comply with the ruling and prioritize the preservation of evidence. By doing so, justice can be served, and survivors can receive the necessary support and care they deserve.