Nithyakalyani Narayanan. V
The Delhi High Court issued instructions for authorities and doctors to follow while dealing with survivors of sexual assault who are pregnant. The Court directed that even in cases where the gestation period is less than 20 weeks, the Investigating Officer (IO) should produce the survivor for the medical termination of pregnancy within 24 hours of passing of such order before the hospital Superintendent.
The single-judge Bench of Justice Swarana Kanta Sharma held that the doctor-in-charge will ensure that the foetus is preserved and that the survivor is not discharged in a hurry- “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 duty of the doctor concerned also to mention in detail, the treatment given to the victim of sexual assault including any medicines given or procedure carried out for the purpose of termination of pregnancy.”
The Bench remarked that the courts often find it difficult to read and comprehend the observations in medico-legal cases or discharge summaries because of the illegibility of the doctor’s handwriting, medical abbreviations and the terminologies used – “Therefore, it is directed that in cases where medical examination of a victim of sexual assault is conducted, all the hospitals concerned will ensure that along with the original MLC as well as discharge summary of such victim, a typed copy of the same is also prepared by the concerned hospital and provided to the investigating officer within a period of one week,” the judge directed.
The Court directed the Delhi government and Union Ministry of Health and Family Welfare to ensure that the existing guidelines and Standard Operating Procedures (SOPs) for conducting examination of victims of sexual assault are circulated in all hospitals in the city-“The above said Ministries are also directed to circulate the additional directions contained in the present judgment which be added to the existing SOPs, that in case the victim is pregnant and there are orders for medical termination of pregnancy including for preservation of fetus, the investigating officer will place such order before the Superintendent of the hospital concerned, who will ensure that the doctor concerned who is assigned the duty of medical termination of pregnancy conducts the same with utmost caution.”
Justice Sharma was hearing the bail application filed by a man accused of sexually assaulting a 16-year-old girl. The accused used to live near the house of the minor girl and he called her to his house on some false pretext. He told her that he would not let her go till she attained majority. She was finally brought back to her home after two months. Her medical examination showed that she was pregnant, and she informed the doctors that he had forcibly established physical relations with her.
The Court found several omissions in the medical records of the hospital and held that the most crucial evidence (the foetus) – could not be preserved due to the negligence of doctors. Justice Sharma highlighted that despite the girl being admitted to a hospital multiple times, she suffered a complete abortion at home and hence the sample of the foetus could not be preserved.
The Bench rejected the bail plea of the accused stating that he repeatedly raped the girl, hence there were no grounds for grant of bail. The court issued directions to be followed by hospitals and other authorities.
Advocates Sunil Kumar and Giri Raj Singh represented the accused and Additional Public Prosecutor (APP) Manoj Pant appeared for the State.
Name of the case: Nabal Thakur vs. The State
Bench: JusticeSwarana Kanta Sharma