In a landmark decision, the High Court in Bengaluru has ruled that jurisdictional police must inform rape victims of the option to terminate pregnancies, particularly before reaching the 24th week. The directive aims to alleviate the need for survivors to approach the courts belatedly, streamlining the process for those seeking medical termination. This ruling came in response to a petition filed by the father of a 17-year-old rape victim, invoking Section 376 (rape) of the IPC and the POCSO Act.
The victim, now 24 weeks pregnant as a result of the crime, expressed her desire to terminate the pregnancy. The court, under the jurisdiction of Justice Suraj Govindaraj, highlighted the crucial nature of timely decisions in such cases. Justice Govindaraj noted in the December 11 order that had the decision been made earlier, the court’s intervention might not have been necessary.
As part of the directive, the Principal Secretary of the Home Department is tasked with instructing all jurisdictional and investigating officers to inform victims about the option of medical termination of pregnancy, along with the necessary procedures. This move aims to empower survivors and their natural guardians with the knowledge needed to make informed decisions without unnecessary delays as reported by NDTV.
Furthermore, the court emphasized the importance of involving a member or representative from the jurisdictional Child Welfare Committee or the District Child Protection Unit during the process. To assess the victim’s fitness for medical termination of pregnancy, a Medical Board, comprising a gynaecologist, pediatrician, and psychologist, was appointed. The Board submitted its report on December 12, leading to the court’s decision to permit the medical termination.
Following the procedure, the court ordered the preservation of tissue samples from the fetus for potential DNA analysis, should it be required or ordered by the trial court in the ongoing POCSO case.
The High Court’s groundbreaking decision not only ensures the rights of survivors but also streamlines the process for seeking medical termination of pregnancy. By mandating police to inform victims about this option, the court seeks to empower survivors and reduce the necessity of approaching the courts at a later stage. This development marks a significant step towards a more supportive and efficient legal framework for survivors of sexual assault.
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