The Madhya Pradesh High Court has given a historic verdict for the purpose of protecting the health, rights and dignity of rape victims, especially minors. The High Court directed that pregnancy test should be done in the preliminary medical examination to be conducted after the rape complaint was registered.
The single bench of Justice Vishal Mishra, while giving instructions, ordered the State Director General of Police (DGP) to clearly issue this instruction to the Superintendents of Police (SPS) of all the districts, so that it is uniformly followed in the entire state.
Late detect pregnancy, increases danger
The High Court expressed concern in its order that the cases of rape, especially minor girls, often delayed investigation and medical process. Due to this, pregnancy is detected very late. By the time the family decides to get permission for abortion, the pregnancy goes beyond 24 weeks, after which the permission of the High Court becomes mandatory under Indian law.
In such cases, both options may be at risk for health. The court clarified that the early confirmation of pregnancy is possible only safe and timely decision, which is in the interest of the victim.
Case of Sehore district became Aadhaar
These instructions came to light after an incident in Sehore district, where a minor rape victim’s pregnancy had been more than 24 weeks. The case reached the High Court from the local POCSO court, where the reports of doctors expressed concern that both circumstances could be fatal for the victim.
Police responsibility fixed
The High Court also said that now it will be the responsibility of the police that whenever a complaint of rape is received, pregnancy test should be ensured in the first medical examination, so that no time is lost in taking decisions.
The guideline was released earlier also
Let us know that in February 2025, the High Court had issued a guideline that if the minor victim is found pregnant for more than 24 weeks, then the approval of the court will be necessary for abortion, as is provided in the Medical Termination of Pregnancy Act.