In a significant move towards protecting the rights and well-being of survivors of sexual assault, the Delhi High Court has issued comprehensive guidelines to be adhered to by medical professionals and law enforcement agencies. Justice Swarana Kanta Sharma issued these directives while emphasizing the importance of providing sensitive and efficient care to survivors of sexual assault who are pregnant.
Brief Facts:
The survivor, a 16-year-old girl, was subjected to heinous acts of rape by the accused, who resided in close proximity to her residence. The accused manipulated the girl by luring her to his house under false pretences, subsequently holding her against her will for an extended period. During this traumatic ordeal, the survivor was subjected to multiple instances of sexual assault.
Following her eventual release and return home, medical examinations revealed a distressing revelation—the survivor was found to be pregnant as a result of the repeated assaults she had endured. The survivor bravely disclosed the circumstances of her abuse, confirming that the accused had forcibly engaged in physical relations with her against her will.
Contentions of the Parties:
The prosecution vehemently argued that the accused, Nabal Thakur, had systematically and heinously violated the survivor's rights through repeated acts of sexual assault. The prosecution presented evidence and testimonies that indicated a pattern of manipulation and coercion employed by Thakur to exploit the survivor. The survivor's age and vulnerability were emphasized to underscore the gravity of the offenses committed against her.
The prosecution contended that the survivor's ordeal was further compounded by inadequate medical attention and negligence. The lack of proper care during her pregnancy led to a distressing outcome—the complete abortion of the foetus at her home. This negligence was deemed unacceptable and highlighted the need for robust guidelines to ensure timely and appropriate medical procedures and evidence preservation.
Observations by the Court:
The guidelines stipulate that Investigating Officers (IO) of the Delhi Police must ensure that victims requiring medical termination of pregnancy are taken to the appropriate medical facility within 24 hours of the termination order, even if the pregnancy is below 20 weeks of gestation. This rapid response is aimed at prioritizing the survivor's health and well-being.
Furthermore, the court stressed the responsibility of doctors conducting medical termination of pregnancy to ensure that the foetus is preserved and that survivors are not discharged hastily, as such actions could jeopardize their safety and hinder evidence collection in potential sexual assault cases.
Recognizing the challenges posed by illegible handwriting and complex medical terminology in medical records, the court ordered all concerned hospitals to provide typed copies of original Medical Legal Case (MLC) reports and discharge summaries to investigating officers within one week of examination. This move seeks to streamline communication and preserve crucial information.
Justice Sharma also underscored the need for existing guidelines and Standard Operating Procedures (SOPs) for conducting examinations of sexual assault survivors to be shared across all hospitals in Delhi. The Delhi Government's Department of Health and Family Welfare, along with the Union Ministry of Health and Family Welfare, were directed to disseminate these guidelines effectively.
Case Name: Nabal Thakur (In J.C.) V. The State
Coram: . Justice Swarana Kanta Sharma
Case No.: BAIL APPLN. 2128/2023
Advocates of the Petitioners: Mr. Sunil Kumar and Mr. Giri Raj Singh, Advocates
Advocates of the Respondent: Mr. Manoj Pant, APP for State with SI Meenu, PS Kirti Nagar.
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