The Delhi High Court has ordered the All India Institute of Medical Sciences (AIIMS) to conduct the medical termination of pregnancy (MTP) of a 17-year-old rape survivor, expressing strong concern over procedural delays and institutional lapses that caused unnecessary suffering to the minor.
Justice Swarana Kanta Sharma, presiding over the matter in W.P. (CRL.) 1804/2025, passed a detailed judgment that not only allowed the MTP but also reiterated and expanded on guidelines to prevent similar procedural confusion in the future.
Background
An FIR was registered on May 11, 2025, at PS Fatehpur Beri under Section 64(1) of the Bharatiya Nyaya Sanhita and Section 6 of the POCSO Act, based on the minor’s statement alleging repeated sexual assault and physical abuse by the accused. She was taken to AIIMS the same day, where a positive pregnancy test was recorded.
Despite this, AIIMS declined to conduct an ultrasound due to the absence of an identity card, even though she was accompanied by a police officer with official documents. The hospital maintained this stance despite clear directions from the Child Welfare Committee (CWC) for urgent MTP.
Court Proceedings and Observations
When the matter came before the High Court on May 27, 2025, the Court directed AIIMS to immediately assess the minor through a Medical Board. However, discrepancies soon emerged. While the initial ultrasound on May 24 recorded the gestational age as 25 weeks and 4 days, the Medical Board’s report on May 28 claimed it was only 23 weeks and 4 days. The Board also failed to clearly state whether the MTP would endanger the minor’s life, prompting the Court to seek clarification.
In its final order on May 29, 2025, the Court noted that:
“The minor is physically and mentally fit to undergo termination of pregnancy and it will not endanger the minor victim’s life.”
To prevent ambiguity, the Court formally directed AIIMS to perform the MTP on May 30, 2025, and issued comprehensive directions.
Key Directions by the Court
- MTP to Proceed: AIIMS was directed to conduct the MTP with all necessary precautions and to preserve fetal tissue for forensic purposes.
- No Delay for Lack of ID: Hospitals must not insist on identity documents for rape victims brought by investigating officers; identification by the police will suffice.
- Ultrasound Without Delay: In such cases, ultrasounds must be conducted promptly, even in absence of documentation.
- Clarification on Medical Reports: Hospitals must submit detailed, unambiguous reports including gestational age, physical and mental fitness of the victim, and risk factors.
- Mandatory Medical Boards: Medical Boards must be constituted immediately without waiting for a court order if gestational age exceeds 24 weeks.
- Preservation of Evidence: All fetal tissues are to be preserved for DNA and forensic analysis.
- Sensitization and SOP Compliance: Medical staff are to be trained and SOPs must be visible in all emergency and gynecology wards.
Institutional Failures Noted
The Court noted with “deep concern” the rigid insistence on protocols like identity proof, disregard for CWC orders, delays in ultrasound and Medical Board constitution, and conflicting medical reports.
Justice Sharma remarked:
“Such a dichotomy in approach is difficult to justify and only adds to the confusion and delay faced by victims in such cases.”
She further emphasized:
“When a medical report is placed before a Court of law, it is presumed to be correct. Hospitals must ensure such reports are prepared with due care.”
Case Title: Minor S (Through Mother M) vs State & Anr.
Case Number: W.P. (CRL.) 1804/2025
