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
Petitioner(s)
MINOR S THR MOTHER M
Adv. ANWESH MADHUKAR
Respondent(s)
THE STATE NCT OF DELHI AND ANR
Orders
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.
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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