The Court, therefore, issued certain directions to be followed in cases where a rape results in pregnancy:
i) Immediately on registration of a sexual offence under Section 376 of the Indian Penal Code (IPC) or under the Protection of Children from Sexual Offences Act (POCSO), a medical examination of the victim be made to ascertain if she is pregnant. If the victim is found to be pregnant, the gestation period, her physical and mental status, the ability to undergo a medical termination of pregnancy, aggravating factors affecting the well-being of the victim etc. should be ascertained.
ii) If the victim is pregnant, the Child Welfare Committee and/or District Child Protection Unit should be informed by the Investigation officer. These committees are to then counsel or advice the victim and her family of the legal options available, including the continuance of the pregnancy and its consequences, as well as the option of terminating the pregnancy, the process, procedure and consequences.
iii) The counselling of the victim is to be carried out in a language known to the victim, if necessary, by making use of suitable translators. All questions asked by the victim and her family are to be answered in a language known to them
iv) If the pregnancy is terminated, tissue samples of the fetus are to be sent to the Forensic Science laboratory for DNA analysis.
v) Follow up checks are to be done to ascertain the physical and mental well being of the victim.
Source: Barandbench
