The Delhi High Court has issued directions for explaining the pros and cons of medical termination of pregnancy (MTP) to rape victims and their guardians (in case of minors) in their mother tongue.
The case in question involves a 16-year-old minor girl seeking a medical termination of pregnancy due to sexual assault by her uncle.
The court had previously directed a Medical Board to examine the minor victim’s condition, and the matter was taken up on an urgent mention after the victim initially expressed reluctance to undergo the procedure.
The court was informed that the victim had been told that the procedure posed a risk to her life, leading to her reluctance.
However, after further interaction, the victim expressed her desire for the medical termination of pregnancy, a decision that was supported by her guardian.
Justice Swarana Kanta Sharma said that explaining the pros and cons of medical termination of pregnancy to rape victims and their guardians in their mother tongue should be done to ensure clear understanding by the victim and her guardian.
Medical termination of pregnancy has significant mental and physical consequences that can last a lifetime, making it a matter that cannot be treated as routine or business-like.
The court expected that the directions will not only be followed in letter but also in spirit, which includes empathy, sensitivity, and support for the victims.
The court ordered that the victim be produced again before the Medical Superintendent and the Medical Board, ensuring that the pros and cons of the medical termination of pregnancy are explained in her mother tongue (Hindi) to prevent miscommunication.
The Medical Board will also document the communication and consent, whether affirmative or negative, in Hindi on the medical examination report, which will be sent to the court.
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