Delhi HC permits 15-yr-old rape survivor to terminate 28-week pregnancy

The Delhi High Court has permitted a 15-year-old rape survivor to medically terminate her 28-week pregnancy, observing that although the law does not provide for abortion after 24 weeks, such permission can be accorded in view of grave mental injury and trauma inflicted upon the mind of a minor girl.

A vacation bench of Justice Mini Pushkarna, however, clarified that if the child is born alive in this case, authorities must offer medical assistance to the baby, involve the Child Welfare Committee, and if so wished by the girl and her father, give the baby up for adoption.

The bench further directed AIIMS Delhi to preserve the foetus’s tissue for DNA testing, which would be required in the criminal case.

Invoking Right to Life, the petitioner, who filed the plea through her father, told the court that she wanted to terminate her approximately 26-28 weeks pregnancy arising from an incident of rape.

She submitted that continuing the pregnancy would result in grave mental injury to her.

“The petitioner is permitted to get herself admitted at AIIMS, New Delhi on the strength of the present order for medical termination of her pregnancy. Let the procedure for termination of pregnancy be carried out by a team of competent doctors (as per law),” said the court in its order passed on June 24.

“In case the child is born alive, Medical Superintendent, AIIMS, New Delhi in conjunction with the State Authorities would ensure that medical support, as well as every possible and feasible assistance is offered to such child, and the child shall be kept in an incubator.

“Intimation in this regard shall be given to the concerned Child Welfare Committee, and as and when so required, further directions be sought from CWC. In that case, as per wish of minor and her father, such child be given in adoption as per prescribed procedure,” it clarified.

AIIMS, in its medical report, said the petitioner was medically fit to undergo the procedure for medical termination of pregnancy.

It further opined that continuing the pregnancy was likely to have adverse psychological impact on the minor.

Delhi government said that in view of a clear report by AIIMS, it has no objection if the procedure for medical termination of pregnancy is carried out in this case.

“Although the Medical Termination of Pregnancy Act (MTP Act) does not provide for termination of pregnancy over the gestational age 24 weeks, the extraordinary jurisdiction of the constitutional courts can be invoked for termination of pregnancy in cases of rape, as in such cases, grave mental injury and trauma is inflicted upon the mind of the minor,” the court stated.

“In view of the desire of the minor as well as her father to terminate the pregnancy and the opinion of the Medical Board of AIIMS, New Delhi in this regard, the prayer in the petition to medically terminate the pregnancy of the petitioner is allowed,” it ordered.

The court stated that the Delhi government shall bear the expenses for the termination of the pregnancy and the petitioner’s hospital stay.