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The Delhi High Court has ordered the DSLSA to investigate the grant of compensation to a 13-year-old rape victim and has authorized the teen to have a medical termination of her pregnancy.

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Title: MINOR VICTIM-V v. THE STATE & ANR + W.P.(CRL) 1753/2023, CRL. M.A. 16385/2023

CORAM: HON’BLE MR. JUSTICE JASMEET SINGH

O R D E R DATED: 12.06.2023

Introduction

On Monday, the Delhi High Court upheld the right of a 13-year-old rape victim to have a medical abortion even though her unborn child was between 24 and 26 weeks along. The compensation to be awarded to the youngster was also investigated by the Delhi State Legal Services Authority at the direction of a vacation bench presided over by Justice Jasmeet Singh.

Facts of the Case

The minor’s petition for a medical termination of her pregnancy was reviewed by a medical board consisting of at least two doctors from Guru Tegh Bahadur Hospital on June 9.

Since the medical advisory board has determined that the mother and the unborn child are at greater risk if the pregnancy continues, the doctors at Guru Teg Bahadur Hospital have been instructed to perform an abortion as soon as possible. A minor’s petition to the court for permission to have a medical abortion filed by her father was granted. The 13-year-old girl went to her grandmother’s house, when a renter from the same neighbourhood assaulted her, according to a status report filed with the Delhi Police.

The teen travelled back to her home in Bhopal, where she became ill and was then taken to the hospital by her parents, where she gave birth to a baby boy. A zero-digit FIR was filed, and on May 30, the girl was evaluated by doctors at a government hospital and confirmed to be between 24 and 28 weeks pregnant. The minor’s statement was recorded per section 164 of the Code of Criminal Procedure, and the court was made aware of this.

Courts Analysis and Decision

The petition is approved and disposed with, and the court has directed that the DSLSA investigate the victim’s compensation. Furthermore, the court ordered the medical staff to provide the pregnant child victim with the highest standard of treatment, which includes post-operative care, to guarantee a full recovery before she is released from the hospital.

Additionally, the court ordered that the medical staff and the hospital make sure that the patient and the mother receive constant counselling and are informed of the hazards. From the time of the victim’s hospital admittance till the time of her release, Justice Singh ordered a female police officer to remain in the hospital room with her and her daughter.

Given the foetus’s advanced age, GTB Hospital’s Neonatal Intensive Care Unit (NICU) would be well equipped to care for a live birth. If such a facility is unavailable, the hospital is responsible for arranging the transfer of the foetus to another facility, which includes arranging for transportation. This is the responsibility of the Medical Superintendent of the relevant hospital.

It went on to say, “In any other circumstance, it is directed that the medical facility must safeguard the terminal foetus for the sole purpose of DNA testing which would be required in reference to the criminal case who has been lodged.” Following any instructions issued by the applicable criminal court, the terminal foetus and any DNA samples taken from it must be preserved in conformity with the law.

 Judgment- click here to review the judgment

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Written by- Anushka Satwani

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Karnataka High Court Denies Plea to Quash FIR Against Gynecologist under Section 21 of POCSO Act for Failure to Report Sexual Assault on a Minor

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Karnataka High Court

Chandrashekar T.B. v. State of Karnataka & Devika

Bench-  HON’BLE MR. JUSTICE M. NAGAPRASANNA

WRIT PETITION No.8789 OF 2023 (GM – RES)

Decided On 02-06-2023

Facts of the case-

The petitioner, a retired doctor now running Prashanthi Hospital in Laxmisha Nagara, Chikkamagaluru, is the subject of a crime registration. On 17-12-2022, between 13:00 to 14:00 hours, the victim, Devica arrived at the petitioner’s hospital seeking treatment.

The victim was in critical condition with severe bleeding and decreased vitals, allegedly caused by taking abortion tablets 2 to 3 days prior. Accompanying the victim were individuals claiming to be her parents.

The petitioner promptly admitted the patient to the hospital and provided immediate medical intervention, including oxygen and IV fluids, which improved the victim’s condition. However, it is claimed that the petitioner performed an incomplete medical termination of pregnancy, leaving the placenta behind.

Due to the victim’s instability and ongoing bleeding, the petitioner performed a procedure to retain the placenta, as further expulsion would have endangered the victim’s life. After approximately two days of admission, once the victim’s condition stabilized, she was discharged in the morning and taken by her purported relatives.

Around one month later, Crime No.1 of 2023 was registered at Belthangadi Police Station for the aforementioned offenses. Initially, the petitioner was not named as an accused party. Following an investigation, a notice was issued to the petitioner on 17-02-2023, accusing them of performing a medical termination of pregnancy on a 12-year and 11-month-old victim who had been subjected to sexual activity.

The petitioner was charged under Section 21 of the relevant Act. Subsequently, on 26-02-2023, a charge sheet was filed against other accused parties as well as the petitioner/accused No.8 for the offense under Section 21 of the Act. The filing of this charge sheet has prompted the petitioner to approach the court through the present petition.

Relevant Provisions

POCSO ACT, 2012 Related to
Sec. 21 Punishment for failure to report or record a case

Judgement

The court has dismissed the plea of the accused, a gynecologist, and expressed strong dissatisfaction with the accused’s failure to recognize the victim’s age during the medical termination of pregnancy, despite having 35 years of experience in the field. The bench emphasized that such a lapse in judgment by a seasoned professional is unacceptable.

Furthermore, the court highlighted the significant concern that non-reporting of cases involving minors and their exploitation would allow offenders to evade legal consequences. This directly undermines the core objective of the Protection of Children from Sexual Offenses (POCSO) Act, which aims to safeguard the rights and well-being of minors. The court emphasized the need for strict adherence to reporting protocols to ensure that offenders are held accountable and justice is served.

The dismissal of the accused’s plea and the court’s strong remarks reflect the gravity of the situation and the court’s commitment to upholding the principles of justice, protection, and deterrence in cases involving the exploitation of minors.

JUDGEMENT REVIEWED BY ABHAY SHUKLA

Click here to view judgment

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