The Delhi High Court, on August 9 brought forward two essential guidelines for doctors, officials, and other associated authorities in situations relating to medical termination of pregnancy or assault of sexual survivors.
The Delhi High Court stated that the medical termination of pregnancy ought to be conducted with “utmost caution” by the medical professional involved in the matter. The court also said that the investigating officer must make sure that the survivor must be taken to the hospital within 24 hours of getting an order for the medical termination of pregnancy, and make sure that the fetus is saved (when an order like that is issued).
It was after a 14-year-old sexual assault survivor, along with her mother, went to court and discovered that despite an order, the termination of the sexual-assault survivor was not done medically, which led to a loss of important evidence.
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What does the MTP (Amendment) Act of 2021 say?
The Medical Termination of Pregnancy (Amendment) Act of 2021 suggests the rules and regulations for everyone seeking an abortion. As per the Act, a woman is entitled to the provision to terminate her pregnancy for up to 24 weeks of gestation with her due consent. In case she is a minor, the consent of her guardian is taken.
According to Section 3 of the Act, for survivors of sexual assault, there is a provision for the termination of pregnancy.
Aishwarya Sinha, a social worker, stated that in case the time exceeds the timeline of 24 weeks and the case is of a minor or adult sexual assault survivor, they will have to seek the permission of the High Court for the termination of pregnancy.
However, the Act must now be read with the guidelines of the High Court.
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In that case, what are the Delhi High Court MTP Guidelines for Sexual Assault Survivors?
The Delhi High Court has brought forward a detailed set of guidelines in two distinct guidelines announced in the months of January and August 2023, respectively. Have a look at the High Court guidelines:
Mandatory Pregnancy Test
The High Court recommends a compulsory urine pregnancy test of the sexual assault survivor at the moment of medical examination. This step is extremely crucial, especially in the case of minors.
Consent
The High Court stressed the consent and desire to terminate the pregnancy. In the case involving minors, it is crucial to get the consent of the survivor, along with that of the guardian.
Time
The High Court has directed the authorities that in case an order is being sought for the termination of pregnancy, especially in situations involving minors, the report must be brought before the authority concerned to speed up the process, thereby not wasting any time.
After the order, the survivor must be taken to the concerned hospital within the time frame of 24 hours. This holds true irrespective of the gestation period.
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Fetus Preservation
According to the High Court, the doctor in charge is responsible to make sure the fetus is preserved. The doctor in charge is also responsible to make sure that the patient is not released in haste.
Medico-Legal Case Report
The Delhi High Court has also instructed the doctors to make sure that along with the original discharge sheet, a typed copy has to be given to the investigating officer within the time frame of 7 days.
Comprehensive Records by Doctors
The doctor in charge is also made responsible for the discharge sheet. The responsibility of post-procedure care is also given to the doctor in charge. They are responsible to make sure that the records have all the details. In a situation where the survivor has been discharged sans the termination of pregnancy, the rationale for the same has to be stated.
Establishment of medical boards
The High Court has also stressed the requirement for the set up of medical boards in government hospitals falling in all districts. The responsibility for the same has been given to the state governments.
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Source: vcmp.edu.vn