Karnataka has issued a new standard operating procedure for identifying pregnancy among minors at an early stage and ensuring timely medical care, counselling, legal assistance and protection of the rights of the girl and any newborn child. The guidelines were framed in accordance with directions from the Karnataka High Court and assign responsibilities to the police, health, women and child development, education departments and legal services authorities.
The High Court recorded the government’s notification while disposing of a writ petition filed by the mother of a 16-year-old girl who sought permission for a medical termination of pregnancy. The case was heard by a single-judge bench presided over by Justice S. Sunil Dutt Yadav. The government was represented by Additional Advocate General Prathima Honnapur, while High Court advocate Rithika Ravikumar represented the petitioner.
According to the report, the girl was studying in Class 9 and had become pregnant following sexual assault. Her mother learnt about the pregnancy only when it had reached 32 weeks. The court, after obtaining the opinion of a medical board, permitted the termination procedure. The child was born alive and was later handed over to the Child Welfare Committee after the girl indicated that she did not wish to continue caring for the baby.
The SOP states that when the pregnancy is within 24 weeks, a separate order from a court or Child Welfare Committee is not required for a medical termination, subject to the Medical Termination of Pregnancy Act and the required medical opinions. For pregnancies up to 20 weeks, the opinion of one registered medical practitioner is required. For pregnancies between 20 and 24 weeks, the opinion of two registered medical practitioners is required for categories specified under the law. Cases beyond 24 weeks must be handled according to applicable legal provisions and the opinion of a medical board.
When information about sexual assault involving a minor is received, emergency medical assistance and examination are to be prioritised. The guidelines provide for a Zero FIR where necessary, with the investigation subsequently transferred to the police station having jurisdiction. Police are responsible for sending foetal samples collected during a termination for DNA testing. The samples should reach a forensic laboratory within 24 hours when one is located in the same district, and within seven days in other cases.
The SOP also states that medical treatment must not be delayed while waiting for an FIR or court order. It provides for counselling, emergency contraception where required, prevention of HIV and other sexually transmitted infections, and follow-up medical examinations. The girl and her legal guardians must be informed about available medical and legal options, while decisions should take into account her wishes, age, mental condition and best interests. Psychiatric counselling, interpreters and special educators may be provided where necessary.
If a child is born alive during the termination process, immediate arrangements must be made for the newborn’s health and care. The girl’s decision on whether to retain the child or place the child for adoption must be recorded and acted upon. Where the child is surrendered, the Child Welfare Committee must follow the Juvenile Justice Act and adoption regulations. The government is to meet the child’s medical care and necessary expenses until the adoption process is completed.
For cases beyond 24 weeks, the Karnataka State Legal Services Authority is required to appoint at least five lawyers each in the Bengaluru, Dharwad and Kalaburagi divisions. They must take steps to file a High Court petition within 48 hours of receiving information. District Legal Services Authorities and Child Welfare Committees are also responsible for assistance, while compensation processes are to be completed within prescribed timelines, including payment within a week of a compensation recommendation.
The guidelines call for age-appropriate sexual and reproductive health education for children aged five to 18, training for staff in schools, childcare institutions, hospitals and relevant departments, and state- and district-level monitoring committees to review implementation, identify delays and address complaints.
