Allahabad High Court Takes Suo Motu Cognisance of Delays in Pregnancy Termination of Rape Survivors, Registers PIL to Frame Sensitisation Guidelines
By Rajesh Pandey
The Allahabad High Court has taken suo motu cognisance of the persistent delays at various administrative and institutional levels in dealing with cases involving the termination of pregnancy of rape survivors and has registered a Public Interest Litigation (PIL) to address the issue comprehensively.
The matter has been formally titled In Re: Framing of Guidelines for Sensitizing All Concerned in Cases of Termination of Pregnancies.
The decision to register the PIL was taken in September by a Division Bench comprising Justice Manoj Kumar Gupta and Justice Arun Kumar.
While passing the order, the High Court underscored the urgent need to examine and rectify procedural bottlenecks that often result in critical delays in providing timely medical intervention to survivors of sexual violence.
The court observed that such delays can have serious medical, psychological, and legal consequences for victims and reflect a lack of sensitivity in the system.
Recognising the importance of expert assistance in shaping effective and humane guidelines, the court appointed Advocate Mahima Maurya as Amicus Curiae to assist in the proceedings.
Her role includes offering independent suggestions and helping the court assess systemic shortcomings in the existing process.
During the hearing held on November 27, the Amicus Curiae, along with Additional Chief Standing Counsel Rajiv Gupta—appearing on behalf of the State government—made detailed submissions before the court.
Both placed several suggestions aimed at sensitising officials, medical authorities, and law enforcement agencies, and at streamlining procedures to ensure that rape survivors are not subjected to unnecessary delays while seeking termination of pregnancy.
The court took note of these submissions and listed the matter for further hearing on January 13. At the next hearing, the High Court is expected to deliberate in greater depth on the proposals placed before it, to frame clear, uniform, and enforceable guidelines.
These guidelines are intended to ensure that all stakeholders—including police, medical professionals, hospital authorities, and administrative officials—act with urgency, empathy, and legal clarity while handling such sensitive cases, thereby safeguarding the dignity, health, and rights of rape survivors.
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