3 June 2025 Legal Updates

HOSPITALS CAN'T INSIST ON ID PROOF FOR DIAGNOSIS IN MTP CASES INVOLVING MINOR RAPE VICTIMS: DELHI HIGH COURT ISSUES DIRECTIONS

(a) Case Title:

• Minor S (Through Mother M) v. State & Anr. 

(b) Court:

• High Court of Delhi at New Delhi 

(c) Date of Decision:

• 29th May 2025 

(d) Bench:

• Hon’ble Dr. Justice Swarana Kanta Sharma 

Facts of the Case:

The case involved a 17-year-old minor rape victim seeking medical termination of pregnancy (MTP) after being sexually assaulted.  The victim faced delays and procedural hurdles at AIIMS, Delhi, where doctors initially refused to conduct an ultrasound due to lack of identity proof and later insisted on a court order stating the pregnancy was beyond 24 weeks. 

1. Legal Framework Discussed 

a. Medical Termination of Pregnancy Act, 1971 (Amended in 2021): 

• Permits MTP up to 20 weeks (single doctor’s opinion) and 20-24 weeks (two doctors’ opinions) for specific categories, including rape victims and minors. 
• Beyond 24 weeks, MTP is allowed only if substantial foetal abnormalities are detected or if the pregnancy poses a risk to the mother’s life (Section 5). 
• Explanation 2 to Section 3(2): Presumes mental anguish in rape cases as grave injury to mental health, justifying MTP. 

b. Pre-Conception and Pre-Natal Diagnostic Techniques (PC&PNDT) Act, 1994: 

• Hospitals insisted on Form F and ID proof for ultrasound, causing delays. The Court held that rape victims accompanied by police do not need ID proof for urgent medical procedures. 

2.  Judicial Precedents Cited 

• A (Mother of X) v. State of Maharashtra (2024) (SC): Allowed MTP beyond 24 weeks for a rape victim. 
• Venkatalakshmi v. State of Karnataka (2017) (SC): Permitted MTP at 26 weeks due to severe mental trauma. 
• Minor R Through Mother H v. State (NCT of Delhi) (2023) (Delhi HC): Laid down guidelines for MTP in rape cases beyond 24 weeks. 

Key Findings and Directions by the Court:

The Court criticized the hospital for unnecessary delays in conducting ultrasound and MTP due to bureaucratic formalities.  It noted discrepancies in gestational age reports (25 weeks vs. 23 weeks), causing confusion. The Court also observed that despite previous rulings, hospitals failed to follow guidelines, leading to repeated litigation. 

Guidelines Issued:

• No ID proof required for rape victims if accompanied by police. 
• Immediate constitution of Medical Boards for pregnancies beyond 24 weeks. 
• Standardized reporting format for MTP cases (gestational age, physical/mental fitness, risks). 
• Training for doctors and police on handling sexual assault cases. 
• Preservation of foetal tissue for DNA evidence in criminal cases.