Hospitals Must Not Demand ID Proofs from Rape Survivors Seeking Abortion, Directs Delhi High Court

New Delhi: The Delhi High Court has directed hospitals in the national capital not to insist on identity proof from rape survivors especially minors who seek medical termination of pregnancy under court orders. 

Justice Swarana Kanta Sharma emphasized the urgent need for “clear, practical, and sensitive” medical protocols for such survivors.

The directive came in response to a case involving a minor rape survivor who was denied urgent medical care due to procedural confusion and ID-related delays.

Hospitals Must Not Delay on Technical Grounds

The court observed that delays in essential examinations like ultrasounds, insistence on identity documents, and lack of clear procedures cause additional trauma to victims of sexual assault. It stated that identification by an Investigating Officer (IO) or production under court/CWC direction should be sufficient.

"Hospitals and medical institutions must be sensitised to the fact that cases involving victims of sexual assault, especially minor girls, require a more responsive and sensitive approach," the court said.

Justice Sharma issued several directions to ensure clarity and consistency in handling such sensitive cases:

No ID Proof Requirement: If the survivor is accompanied by an IO or sent by the court or Child Welfare Committee, no identity proof should be demanded.

Timely Medical Examination: Hospitals must conduct comprehensive medical examinations without delay.

Police Responsibility: The IO must carry all necessary documents and case files and ensure smooth coordination with medical authorities.

Medical Boards for Late-Term Abortions: In cases where the pregnancy exceeds 24 weeks, a medical board must be immediately constituted without waiting for a court order.

Consent in Local Language: Consent for MTP must be obtained in a vernacular language understood by the survivor or her guardian.

Hospitals to Follow SOPs and Sensitise Staff

The court also directed hospitals to display and implement the latest Standard Operating Procedures (SOPs) and legal guidelines in emergency and gynaecology departments. Duty doctors must be regularly briefed and sensitised on their obligations under the MTP Act, POCSO Act, and court directives.

The directions came after a minor rape survivor was denied an ultrasound and examination at AIIMS due to lack of ID and the assumption that a judicial order was required for a pregnancy beyond 24 weeks. The medical board did not examine her, despite clinical urgency.

A report from AIIMS had confirmed a pregnancy of about 20 weeks, yet the hospital refused an ultrasound, citing absence of ID and initiated an ossification test instead. The High Court, noting procedural lapses, directed AIIMS to carry out the MTP on May 5 and later issued this reasoned judgment to address systemic flaws.