Hospitals Should Not Ask for Identity Card From Rape Victims for Abortion: High Court
New Delhi (Uttam Hindu News): The Delhi High Court has given an important direction to all the hospitals in the capital. The court has said that they should not demand identity card from rape victims, especially those who come for abortion after court order. Justice Swarnakanta Sharma also stressed the urgent need for a "clear, practical and sensitive" medical protocol for such victims, especially minors.
The High Court said that the lack of clarity in procedures, insistence on identity documents and delay in necessary medical tests like ultrasound further aggravated the suffering of the victim in this case. In its May 29 order, the High Court said that hospitals and medical institutions should understand that there is a need to show more responsibility and sensitivity in cases of victims of sexual assault, especially minor girls.
The court further said that medical protocols should not be limited to merely following legal requirements, but must also be guided by empathy, practical thinking and a deep understanding of the specific difficulties faced by victims of sexual violence.
The judgment clearly states, “Where the victim of sexual assault (whether major or minor) is accompanied by the investigating officer or is produced as per the direction of the court or CWC, the identity proof/identity card of the victim shall not be insisted upon by the concerned hospital and doctor for ultrasound or any other necessary investigation procedure. In such cases identification by the investigating officer shall suffice.”
The court was hearing a petition filed by a minor rape victim who sought permission for medical abortion. The court has issued various directions to all concerned parties to ensure clarity and uniformity in cases of sexual assault where the victim is pregnant.
The court also said in its direction that in all cases a comprehensive medical examination should be conducted by the concerned hospital and doctor without any delay.
At the same time, the court clarified that it is the responsibility of the investigating officer (IO) to identify the victim and ensure that when she is produced before a doctor, hospital or medical board, all the necessary documents and case files related to the victim are present with the police officer.