India
oi-PTI
The
court
was
informed
that
the
survivor’s
family
members
are
construction
workers
and
she
was
sexually
assaulted
while
her
mother
had
gone
out
for
work.
New
Delhi,
Jan
26:
Imposing
the
responsibility
of
motherhood
on
a
sexual
assault
survivor
would
amount
to
denying
her
the
human
right
to
live
with
dignity,
the
Delhi
High
Court
has
observed
while
passing
a
slew
of
guidelines
for
medical
examination
of
such
survivors
in
cases
where
pregnancy
exceeds
24
weeks.
The
high
court
said
to
force
the
survivor
to
give
birth
to
a
child
of
a
man
who
sexually
assaulted
her
would
result
in
inexplicable
miseries,
and
cases
where
sexual
assault
results
into
pregnancy
are
even
more
traumatic
as
the
shadow
of
such
tragic
moment
lingers
on
each
day
with
her.
It
was
dealing
with
a
case
in
which
a
14-year-old
girl,
who
got
pregnant
after
being
sexually
assaulted,
sought
to
undergo
medical
termination
of
25-week
pregnancy,
which
was
beyond
the
permissible
limit
of
24
weeks.
The
court
was
informed
that
the
survivor’s
family
members
are
construction
workers
and
she
was
sexually
assaulted
while
her
mother
had
gone
out
for
work.
Justice
Swarana
Kanta
Sharma
allowed
the
plea
for
medical
termination
of
pregnancy
(MTP)
after
the
minor’s
mother
consented
to
it
and
also
after
perusing
the
report
of
medical
board
which
examined
her.
The
court
asked
the
girl
to
appear
before
the
competent
authority
of
Ram
Manohar
Lohia
Hospital
on
Friday
for
the
purpose
of
medical
termination
of
her
pregnancy.
Noting
that
crucial
time
is
lost
in
the
process
of
passing
orders
for
medical
examination
of
the
sexual
assault
survivor
by
a
medical
board
in
case
of
24
weeks
or
above
of
pregnancy
which
further
endangers
her
life,
the
high
court
has
passed
guidelines
to
be
followed
by
the
investigating
officers.
The
guidelines
which
need
to
be
circulated
through
the
commissioner
of
police
to
all
investigating
officers
include
that
at
the
time
of
medical
examination
of
a
survivor
of
sexual
assault,
it
will
be
mandatory
to
conduct
a
urine
pregnancy
test,
as
it
has
been
noticed
that
in
many
cases
it
is
not
conducted.
The
court
said
that
if
the
sexual
assault
survivor
is
a
major
who
gives
her
consent
and
expresses
desire
for
conducting
MTP,
the
investigating
agency
will
ensure
that
she
is
produced
before
the
medical
board
the
same
day.
“In
case
a
minor
victim
of
sexual
assault
is
carrying
pregnancy,
upon
the
consent
of
her
legal
guardian
and
desire
of
such
legal
guardian
for
termination
of
pregnancy,
the
victim
will
be
produced
before
such
board,”
the
court
said.
After
examination,
the
report
will
be
placed
before
authorities
concerned
so
that
if
a
judicial
order
is
being
sought
regarding
MTP,
the
court
concerned
does
not
lose
any
more
time
and
is
in
a
position
to
pass
an
order
expeditiously,
it
said.
The
court
said
that
as
per
Section
3(2C)
and
Section
3(2D)
of
the
MTP
Act,
it
is
mandated
that
the
state
government
or
Union
territory
has
to
ensure
that
medical
boards
are
to
be
constituted
in
the
hospitals.
“The
court
is
informed
that
such
boards
are
not
available
in
hospitals
in
each
district,
causing
inconvenience
to
the
investigating
officers
as
well
as
to
the
victim
at
times
who
has
to
be
taken
for
MTP
and
for
further
examination,”
it
said.
It
directed
the
state
government
to
ensure
that
such
mandate
of
sections
3(2C)
and
3(2D)
of
the
MTP
Act
are
complied
with
and
such
boards
are
constituted
in
all
government
hospitals
which
have
proper
MTP
centres
and
it
should
be
mandatory
to
have
such
boards
constituted
before
hand.
The
court
said
one
will
shudder
to
think
what
a
survivor
who
is
carrying
such
fetus
in
her
womb
must
be
going
through
each
day,
being
reminded
constantly
of
the
sexual
assault
that
she
has
undergone.
It
said
that
in
the
case
of
sexual
assault,
fastening
the
survivor
with
responsibility
of
motherhood
would
amount
to
denying
her
human
right
to
live
with
dignity
as
she
has
a
right
in
relation
to
her
body
which
includes
saying
‘Yes’ or
‘No’
to
being
a
mother.
“It
is
not
in
dispute
that
a
female
invariably
has
a
right
to
make
reproductive
choices
and
decisions
which
are
concerned
with
her
bodily
integrity
and
autonomy,” it
said.
The
court
took
note
of
the
fact
that
Article
21
of
the
Constitution
dealing
with
right
to
life
invariably
includes
a
life
lived
with
dignity.
“The
child
herein
is
a
victim
of
rape.
Termination
of
pregnancy
in
cases,
like
present
one,
cannot
be
reduced
merely
to
be
defined
as
right
of
a
woman
sexually
assaulted,
but
also
to
be
recognised
as
a
human
right,
as
it
affects
dignified
existence
of
a
victim
if
the
same
is
not
permitted.”
“It
is
not
the
privacy
of
the
rape
victim
which
is
invaded
by
sexual
assault,
but
her
body
is
wounded
and
her
soul
is
scared.
It
would
not
be
appropriate
to
expect
the
minor
who
is
a
rape
victim
to
take
the
burden
of
giving
birth
and
raising
a
child,
especially
in
a
situation
where
she
herself
is
passing
through
the
age
of
adolescent,”
the
court
said.
It
added
that
doing
so
will
amount
to
asking
a
child
to
give
birth
and
raise
another
child.
Given
the
social,
financial,
and
other
factors
that
are
immediately
associated
with
the
pregnancy,
an
unwanted
pregnancy
would
surely
have
an
impact
on
the
survivor’s
mental
health,
it
said.
In
this
case,
the
court
asked
the
doctors
to
preserve
the
tissue
of
the
fetus
for
the
purpose
of
DNA
identification
in
reference
to
the
criminal
case
which
is
registered
against
the
accused
by
the
survivor.
It
asked
the
state
to
bear
all
the
expenses
necessary
for
the
termination
of
the
pregnancy
of
the
minor
and
said
if
the
child
is
born
alive,
despite
the
attempts
at
medical
termination
of
the
pregnancy,
the
doctors
concerned
shall
ensure
that
everything,
which
is
reasonably
possible
and
feasible
in
the
circumstances
and
in
contemplation
of
the
law
prescribed
for
the
purpose,
is
offered
to
such
child
so
that
he/
she
develops
into
a
healthy
child.
Story first published: Thursday, January 26, 2023, 20:59 [IST]