Jabalpur High Court of Madhya Pradesh has given important orders in a case keeping in mind the protection and rights of rape victims. The court has said that whenever medical examination of a rape victim is done, his pregnancy test should also be done at the same time.
The High Court has given this order directly to the DGP (Director General of Police) of the state. The High Court has asked the DGP to issue clear instructions to the SP (Superintendent of Police) of all the districts of the state so that this rule can be strictly implemented in the entire state.
Why was this decision taken?
The High Court has taken this order in view of the increasing incidents of minor rape victims getting pregnant in cases. The court has expressed concern that it is delayed in confirming the pregnancy of the victim many times, because the test is not done on time. In such cases, as long as there is permission to abortion from the court, the pregnancy exceeds 20 weeks. In such a situation, it is easy for the doctors nor for the victim’s family to take any decision.
Guideline is already going on about abortion
The High Court had earlier issued guidelines regarding the abortion of the victim in rape cases, but they could not be implemented in time. Now in the new order, the court has clearly stated that a pregnancy test should be done with medical examination, so that time can be known and the necessary legal process can be completed.
Instructions given to SP of all districts
The High Court has ordered the DGP of Madhya Pradesh to issue immediate instructions to the Superintendents of Police of all the districts of the state to ensure this decision. It was clarified that the pregnancy test should now be included in the investigation process of rape victims. Departments related to this have also been asked to be ready for cooperation. This decision is not only an important step towards providing justice to the victims, but it also strengthens the administrative system.
It is often seen that parents find late pregnancy and by when they apply for abortion, the womb has progressed a lot. This makes abortion difficult from both legal and medical points.
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.
This order of the Madhya Pradesh High Court is an adventure and human point of view, which opens a new way to protect the lives of rape victims and protect their rights. This will speed up the justice process, while mental and physical relief will be ensured for the victims. Now it is the responsibility of the state police and health department to implement this order on time, effectively and provide justice and security to the rape victims.
This step and necessary for minors
The court has asked to be promptness in this direction, especially in the cases of minor girls, because being pregnant at an early age can be very painful both mentally and physically. This order will not only intensify the justice process, but can also prove to be an important step towards giving relief to the rape victims. Now it has to be seen how seriously the police and administration executes it.
