Medical Termination of pregnacy Act, 1971–Unfortunate situation where the victim of sexual assault becomes pregnant–Certain directions–Held, (i) State Government shall frame suitable guidelines to ensure that the victims of rape who became pregnant by sexual assault are provided timely and legal as well as medical assistance so as to ensure
that they can exercise their reproductive choice in terms of the MTP Act.
(ii) No sooner, the factum of a victim of sexual assault having become pregnant is reported, the Medical Officer/SHO of the police station concerned, shall forthwith forward a report thereof to the Full Time Secretary, District Legal Service Authority concerned who, in turn shall, approach the victim with a female counsellor and sensitise her and her guardians about the remedies under the MTP Act.
(iii) In case, an application for termination of pregnancy is submitted by the guardian of the victim to the appropriate authority within the stipulated period of 20 weeks as provided by the MTP Act, the same shall be processed forthwith and suitable decision shall be taken thereupon within three days from the date of submission thereof.
(iv) In case, the application seeking termination of pregnancy is filed before a competent court then, such court shall forthwith summon the victim’s guardian and record his/her consent which shall deemed to be final. There shall be no requirement of intervention by police in the matter of consent seeking for termination of pregnancy.
(v) In case, where the threshold of 20 weeks gestation has been crossed, the Full Time Secretary, District Legal Services Authority shall assist the victim and her guardians if they so desire for approaching the High Court to file a writ petition seeking direction for termination of pregnancy in light of decisions of Hon’ble the Supreme Court and of this Court.
(vi) The identity of the victim shall not be disclosed at any stage during this process.
