The High Court of Karnataka has directed conducting pregnancy test of every victim of rape and sexual offences under the Protection of Children from Sexual Offences (POCSO) Act, 2012, along with other mandatory medical examinations after registration of a First Information Report (FIR) on the alleged offences.
This measure will help to ascertain, among other relevant medical conditions, the gestation period for termination of pregnancy at the earliest, the physical and mental status of the victim, the ability to undergo medical termination of the pregnancy, aggravating factors that will impinge upon the health and well-being of the victim, the Court said.
Need for SOP
The Court also directed the Director General and Inspector General of Police and the Principal Secretary, Health and Family Welfare Department, to prepare a detailed Standard Operating Procedure (SOP) for this purpose by constituting experts as they deem fit, and circulate the SOP amongst all investigating officers, Child Welfare Committees, Child Protection Units, government hospitals, as also to make available training in this regards to all concerned.
Justice Suraj Govindaraj passed the order while permitting a 17-year-old victim of rape from Anekal taluk of Bengaluru Urban district to terminate her 24 weeks and two days of pregnancy caused due to sexual assault on her.
She had approached the Court as the pregnancy had crossed 24 weeks, which is beyond the limits prescribed under Rule 3B of Medical Termination of Pregnancy Rules, 2003 without the permission of the constitutional courts.
Counselling victims
If the victim is found to be pregnant during the medical examination, the Court said the investigation officer should inform the matter to the Child Welfare Committee or District Child Protection Unit, who in turn are directed to counsel or advice the victim and her family members of the legal options available, like continuance of pregnancy and its consequences; termination of pregnancy, the process and procedures and its consequences.
The counselling of the victim and her family members will have to be carried out in a language known to the victim, and by making use of translators, if necessary.
Sample for DNA
If the medical termination of pregnancy is being carried out, tissue samples of the foetus are to be sent to the Forensic Science laboratory for DNA analysis, and, if possible, to preserve additional samples for verification, if required, the Court said.
The Court also directed that follow-up medical checks have to be done to ascertain the physical and mental well-being of the victim.
