Delhi HC Issues Strong Guidelines for Abortion of Rape Victims: No ID Required, Immediate Medical Support Mandatory

The Delhi High Court has taken a firm stand to protect the rights of rape and sexual assault survivors who seek to terminate pregnancies. The Court has issued clear directions to ensure that victims receive quick and respectful medical help without unnecessary formalities or delays.

One of the key directions is that if a rape survivor (adult or minor) is brought to a hospital by a police officer (Investigating Officer) or on the orders of a court or Child Welfare Committee (CWC), then the hospital cannot ask for any identity proof. The officer’s identification of the victim is enough to carry out medical procedures like an ultrasound or diagnostic tests.

This decision came after a troubling case where a 17-year-old minor rape survivor was taken to AIIMS hospital for a medical check-up and abortion. However, the hospital refused to perform an ultrasound because she had no ID, even though she was brought by the police. This resulted in a 13-day delay.

When the ultrasound was finally done, it wrongly showed her to be over 25 weeks pregnant, and doctors refused abortion without court approval. Later, after a court-directed examination, a medical board confirmed she was only 24 weeks pregnant, meaning no court permission was needed.

Justice Swarana Kanta Sharma, who passed the order, strongly criticised AIIMS for delaying treatment and said such behaviour is unacceptable. She emphasised that:

• Doctors must immediately perform medical exams on rape victims who are found to be pregnant.

• If the pregnancy is over 24 weeks, hospitals must form a medical board without waiting for a court order.

• The board must quickly examine the victim and prepare a report so that abortion decisions can be made without delay.

• In every case, the foetus must be preserved properly in case it is needed later for DNA testing or legal evidence.

To ensure these new rules are widely followed, the Court asked the Registrar General to send this order to:

• The Delhi High Court Legal Services Committee

• The Delhi Police Commissioner

• The Delhi Government

• The Central Government

The Court also directed that this judgment be translated into Hindi and uploaded on the Court’s website so that it can be understood and implemented easily across agencies.

The minor rape survivor in this case was represented by Advocates Anwesh Madhukar, Prachi Nirwan, Ishat Singh, and Pranjal Shekhar.

These directions are expected to bring more dignity, urgency, and sensitivity to how rape survivors are treated when they seek medical termination of pregnancy.