Justice Swarana Kanta Sharma observed that crucial time is lost in the process of passing orders for medical examination of victims by a board which endangers her life.
In a detailed order, the court said that at the time of medical examination of a victim of sexual assault, it will be mandatory to conduct a Urine Pregnancy Test.
Justice Sharma ordered that if the victim is found pregnant due to sexual assault, and in case the victim is major who gives her consent and expresses her desire for conducting MTP, the concerned investigating officer will ensure that she is produced before the medical board the same day.
“In case a minor victim of sexual assault is carrying pregnancy, upon the consent of her legal guardian and desire of such legal guardian for termination of pregnancy, the victim will be produced before such Board,” the judge said.
She added,
“In case a minor victim is examined by such Board, appropriate report will be placed before concerned authorities, so that if an order is being sought regarding termination of pregnancy from the Courts, the Court concerned does not lose any more time and is in a position to pass an order on the same expeditiously.”
The bench noted that as per Sections 3(2C) and 3(2D) of MTP Act the State government or union territory must ensure that medical boards are constituted in the hospitals.
It, therefore, ordered the government to ensure that the mandate of Sections 3(2C) and 3(2D) are complied with and such boards are constituted in all government hospitals which have proper MTP Centres.
The Ministry of Health Affairs, Government of NCT of Delhi and Union Ministry for Health Affairs were directed to comply with the directions within two months.
Source: Barandbench
