Emphasizing Prompt Medical Assessments and Streamlined Communication by Child Welfare Committees to Prevent Delays in Justice and Care
In a landmark judgment dated December 15, 2025, the Delhi High Court, presided over by Dr. Swarana Kanta Sharma, J., has issued crucial directives aimed at refining the process surrounding medical termination of pregnancy (MTP) for minor rape victims. This judgment comes in response to a petition filed by a 14-year-old minor rape victim seeking termination of an advanced-stage pregnancy, highlighting significant lapses and delays in the procedural handling of such sensitive cases.
The judgment addresses the case where the minor victim, carrying a pregnancy of 28 weeks, sought medical termination. Despite an FIR being registered promptly on August 8, 2025, and a medical examination revealing the advanced gestational period, delays ensued in producing the victim before the Child Welfare Committee (CWC) and subsequently approaching the High Court for necessary directions.
Key directives issued in the judgment focus on expediting the medical assessment process without awaiting court orders. Hospitals are mandated to conduct immediate medical evaluations through dedicated Medical Boards, providing comprehensive reports on the victim's physical and mental fitness, and assessing risks involved in the termination process.
The court has underscored the pivotal role of Child Welfare Committees (CWCs) in ensuring efficient communication and compliance with judicial guidelines. CWCs are directed to provide both electronic and physical copies of orders to Investigating Officers to prevent any procedural delays. Furthermore, the judgment calls for internal mechanisms within CWCs to handle urgent cases even during weekends and holidays, given the criticality of timely interventions in cases involving advanced pregnancies.
Highlighting recurring issues, the judgment stresses the need for clear and complete medical reports, as vague assessments can hinder informed judicial decisions. It also flags the necessity for greater awareness among stakeholders, including police, medical professionals, and legal aid authorities, to adhere to established protocols in handling cases involving minor rape victims.
The judgment mandates the preservation of the foetus for forensic analysis, emphasizing the collective institutional responsibility among police, medical professionals, CWCs, and legal aid authorities to ensure sensitive and timely handling of such cases.
To ensure widespread compliance, the judgment directs its circulation to relevant authorities, including medical institutions, CWCs, and police departments, along with guidelines for translating and disseminating protocols across state and private hospitals.
This judgment represents a significant step towards safeguarding the rights and dignity of minor rape victims, reinforcing the judicial commitment to prevent miscarriages of justice through procedural delays and institutional silos.
Bottom Line:
Directions issued by the Delhi High Court for handling cases of medical termination of pregnancy (MTP) of minor rape victims, emphasizing prompt medical assessments, proper communication by Child Welfare Committees (CWCs), and compliance with existing guidelines to ensure no delay in providing justice and care to victims.
Statutory provision(s): Medical Termination of Pregnancy Act, 1971, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 164A of Cr. P.C./Section 184 of BNSS, Section 27 of POCSO Act
Minor S (Thr Guardian M) v. State Govt of NCT of Delhi, (Delhi) : Law Finder Doc Id # 2825293
