Karnataka has issued standard operating procedures for handling pregnancy among minor girls, setting out time-bound responsibilities for hospitals, police, schools, child welfare authorities and legal services institutions. The guidelines aim to ensure early detection, prompt medical care, legal assistance and protection of the girl’s privacy and mental health.
The government notified the SOP in accordance with directions from the Karnataka High Court. The court recorded the 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 girl, a Class 9 student, had allegedly been sexually assaulted and the pregnancy was discovered only after it reached 32 weeks.
The High Court had permitted the termination after obtaining the opinion of a medical board. However, the child was born alive during the procedure. As the minor did not wish to take responsibility for the child, the baby was handed over to the Child Welfare Committee.
Under the new guidelines, pregnancies detected within 24 weeks will not require a separate order from a court or Child Welfare Committee for a medical termination, subject to the provisions of the Medical Termination of Pregnancy law. The required medical opinion and written consent from a legal guardian in cases involving minors will still be necessary. Up to 20 weeks, the opinion of one registered medical practitioner is required, while cases between 20 and 24 weeks involving legally specified categories require the opinion of two registered medical practitioners.
Cases beyond 24 weeks must be dealt with according to the applicable legal provisions and the opinion of a medical board. The Karnataka State Legal Services Authority has been directed to appoint at least five lawyers each in the Bengaluru, Dharwad and Kalaburagi divisions to assist minors seeking termination. The lawyers must take steps to file petitions in the High Court within 48 hours of receiving information about such cases.
The SOP directs authorities to prioritise emergency medical assistance and examination when information about sexual assault involving a minor is received. Where necessary, police must register a zero FIR and transfer the investigation to the police station with jurisdiction. The guidelines also assign the police responsibility for sending foetal samples collected during a termination for DNA testing. Samples must reach a forensic laboratory within 24 hours when one is located in the same district, and within seven days in other cases.
The guidelines state that treatment must not be delayed for want of an FIR or a court order. They provide for counselling, emergency contraception where applicable, prevention of HIV and other sexually transmitted infections, and follow-up medical examinations. Girls and their guardians must also receive information about available medical and legal options, with decisions taking into account the girl’s wishes, age, mental condition and best interests. Psychiatric counselling, interpreters and special educators are to be provided where required.
If a baby is born alive during a termination procedure, immediate arrangements must be made for medical care and protection. Authorities must ascertain whether the mother wishes to keep the child or place the child for adoption. If the child is surrendered, the Child Welfare Committee must complete the process under the Juvenile Justice law and adoption rules. The government will bear the child’s medical care and necessary expenses until the adoption process is completed.
The SOP also calls for age-appropriate sexual and reproductive health education for children between five and 18 years, along with training for staff in schools, childcare institutions, hospitals and concerned departments. State- and district-level monitoring committees will review implementation, identify delays and address complaints. District legal services authorities and Child Welfare Committees must provide assistance, while compensation-related processes are to be completed within prescribed timelines, including disbursal within one week of a recommendation.
