MINOR S THR MOTHER M vs THE STATE NCT OF DELHI AND ANR — W.P.(CRL)/1804/2025

Case under Pocso Section 6. Next hearing: 30th July 2026.

CNR: DLHC010351752025

Next Hearing

30th July 2026

Filing Number

W.P.(CRL)/3818938/2025

Filing Date

27-05-2025

Registration No

W.P.(CRL)/1804/2025

Registration Date

27-05-2025

Judge

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

Coram

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

Judicial Branch

APPELLATE SIDE

Acts & Sections

POCSO Section 6

Petitioner(s)

MINOR S THR MOTHER M

Adv. ANWESH MADHUKAR

Respondent(s)

THE STATE NCT OF DELHI AND ANR

Orders

29-05-2025

Summary: W.P.(CRL) 1804/2025 - Minor S v. State NCT of Delhi Decision: Petition ALLOWED. Medical Termination of Pregnancy (MTP) DIRECTED for 30.05.2025. Comprehensive guidelines and directions issued for future cases. Key Facts: A 17-year-old rape victim, pregnant at ~25 weeks gestation, faced severe delays in accessing MTP. Hospital authorities refused ultrasound citing absence of identity card, insisted on court order despite CWC directions, and recommended unnecessary ossification tests. Thirteen days elapsed between first hospital visit (11.05.2025) and first ultrasound (24.05.2025). Medical Board reports contained conflicting gestational age assessments (25 weeks vs. 23 weeks) with no clear safety opinion. Critical Holdings: - Identity cards cannot be mandatory when rape victims are brought by Investigating Officers with official case files - Medical Boards must be constituted immediately for pregnancies exceeding 24 weeks without awaiting court orders - Courts may invoke extraordinary jurisdiction to permit MTP beyond 24 weeks in sexual assault cases based on victim's mental/physical health - Medical reports must include: exact gestational period, physical fitness, mental fitness, and risk assessment Major Directions: Hospitals must cease insisting on identity documentation for sexual assault victims brought by police; establish dedicated nodal officers; conduct quarterly training; adopt standardized MTP formats; exempt identity requirements when IO identification is present; and circulate protocols to all stakeholders. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

Summary: W.P.(CRL) 1804/2025 - Minor S v. State NCT of Delhi Decision: Petition ALLOWED. Medical Termination of Pregnancy (MTP) DIRECTED for 30.05.2025. Comprehensive guidelines and directions issued for future cases. Key Facts: A 17-year-old rape victim, pregnant at ~25 weeks gestation, faced severe delays in accessing MTP. Hospital authorities refused ultrasound citing absence of identity card, insisted on court order despite CWC directions, and recommended unnecessary ossification tests. Thirteen days elapsed between first hospital visit (11.05.2025) and first ultrasound (24.05.2025). Medical Board reports contained conflicting gestational age assessments (25 weeks vs. 23 weeks) with no clear safety opinion. Critical Holdings: - Identity cards cannot be mandatory when rape victims are brought by Investigating Officers with official case files - Medical Boards must be constituted immediately for pregnancies exceeding 24 weeks without awaiting court orders - Courts may invoke extraordinary jurisdiction to permit MTP beyond 24 weeks in sexual assault cases based on victim's mental/physical health - Medical reports must include: exact gestational period, physical fitness, mental fitness, and risk assessment Major Directions: Hospitals must cease insisting on identity documentation for sexual assault victims brought by police; establish dedicated nodal officers; conduct quarterly training; adopt standardized MTP formats; exempt identity requirements when IO identification is present; and circulate protocols to all stakeholders. This case analysis is maintained by casestatus.in based on publicly available court records.

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