Karnataka High Court passes directions to ensure rape victims are promptly made aware of right to abort pregnancy

The Karnataka High Court recently issued directions to ensure that rape victims are promptly made aware of their rights to terminate pregnancies that result from rape, so that they are not later forced to approach courts for permission to get an abortion at a belated stage of the pregnancy [X v State].

Justice Suraj Govindaraj issued the directions while allowing termination of 24-week-old pregnancy of a 17-year-old rape victim.

The judge noted that the father of the rape victim would not have had to approach the High Court if rape victims were well informed about their abortion rights. The Court added that this was a larger issue.

"It is only subsequent to the filing of FIR during the course of investigation and/or sometimes even much later that a wish or desire is expressed by the victim of such an offence (rape) for termination of the pregnancy caused out of such offence, for various reasons," the Court noted.

The Court further pointed out that the rape victim as well as her family have to undergo mental trauma in the process of seeking permission for abortions at a belated stage (that is, after the 24-week period laid down under the Medical Termination of Pregnancy Act).

"There is severe mental trauma which is caused to the petitioner as also her family members ... can well be avoided if at the time of registration of the FIR itself her rights as regards termination of medical pregnancy caused out of such sexual offences are conveyed to both the victim and her family," the Court observed.

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.

The Court also directed the Director General of Police along with the Principal Secretary Health of the Karnataka government to prepare a detailed standard operating procedure (SOP) in such cases.

This SOP is to be prepared after constituting a committee of experts. The SOP so prepared is to be circulated among investigating officers, Child Welfare Committees, District Child Protection Units, government hospitals, etc., the Court added.

The Court further directed that the legal services authorities should give compensation rape victims and her family for her immediate requirements, after taking into account the surrounding factors of the case.

The Court proceeded to allow the abortion plea before it, after noting that the continuation of the pregnancy would affect the minor's future prospects and her mental and physical well-being.

Advocate Prasanna Kumar P appeared for petitioner (the rape victim and her father). Advocate Naveen Chandrashekar and Shilpa Rani appeared for respondent-authorities.

[Read Order]