Court Stresses Need for Improved Coordination and Timely Medical Intervention to Protect Victims' Rights
In a landmark decision, the Allahabad High Court, in the case of "In Re Framing Of Guidelines For Sensitizing All Concerned In Cases Of Termination Of Pregnancies v. State of U.P.," has underscored the urgent need for a comprehensive Standard Operating Procedure (SOP) to better address the needs of rape victims and individuals facing unwanted pregnancies. The Division Bench comprising Justices Saumitra Dayal Singh and Indrajeet Shukla emphasized the importance of a coordinated approach to ensure timely medical care, legal support, and welfare measures.
The judgment acknowledged the existing statutory framework, including the Criminal Procedure Code, 1973, Bharatiya Nagarik Suraksha Sanhita, 2023, the Medical Termination of Pregnancy Act, 1971, and the Protection of Children from Sexual Offences Act, 2012, which provide for medical treatment, compensation, and termination of pregnancies for victims of rape. However, the court observed that a more comprehensive SOP is necessary to ensure effective implementation and coordination among various agencies involved.
The court highlighted the critical need for timely medical intervention and regular pregnancy tests to prevent victims from missing the legal window for terminating unwanted pregnancies, which is allowed up to 24 weeks under the current legal framework. It also called for the involvement of nodal authorities, counselors, and probation officers to provide guidance and support to victims and their families.
Despite the State of Uttar Pradesh's efforts to comply with existing laws, the court noted the continued flow of petitions seeking permission for medical termination of pregnancies, indicating gaps in the current system. The judgment called for a detailed affidavit from the State, outlining measures to address these gaps and improve the SOP.
The court's directive aims to ensure that victims of rape receive not only legal and medical support but also compassionate care, recognizing their rights and dignity. The matter is scheduled for further hearing on March 13, 2026, to assess the State's progress in implementing these directives.
Bottom Line:
Comprehensive guidelines and SOP are required for addressing the needs of victims of rape and persons facing unwanted pregnancies, including measures for medical termination of pregnancy, adoption procedures, and welfare provisions for victims and children.
Statutory provision(s): Criminal Procedure Code, 1973 Sections 357A, 357C, Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 396, 397, Medical Termination of Pregnancy Act, 1971 Section 3, Protection of Children from Sexual Offences Act, 2012.
