The Delhi High Court allowed a minor sexual assault survivor to terminate her 31-week pregnancy. The ruling recognised reproductive choice and dignity as integral human rights.
Image used for representational purposes only
Newdelhi,Oct 19, 2026 16:00 IST
The Delhi High Court has allowed the termination of a 31-week pregnancy of a 16-year-old sexual assault survivor, saying she should not be expected to bear the burden of giving birth and raising a child, news agency Press Trust of India reported.
The court said the right of a minor rape survivor to terminate a pregnancy must also be recognised as a human right, as denying permission could affect her right to live with dignity.
“Thus, it was held that it would not be appropriate to expect the minor rape victim to take the burden of giving birth and raising a child, especially in a situation where she herself is passing through the age of adolescence,” Justice Mini Pushkarna said.
Under the Medical Termination of Pregnancy Act, a pregnancy can ordinarily be terminated up to 20 weeks and up to 24 weeks for certain categories, including rape survivors. In this case, the pregnancy had advanced to 31 weeks.
The court noted that the medical board had found the girl fit to undergo the procedure and allowed the request in her best interest, according to Press Trust of India. The court was informed that she had been admitted to Lady Hardinge Medical College and Hospital in New Delhi.
The doctors were directed to preserve foetal tissue for DNA testing required in the criminal case. The court also ordered the state to bear the cost of the medical procedure.
The court said that if the child was born alive, the hospital's medical superintendent must ensure that the baby received all possible assistance. “In that case, as per the wish of the minor and her family, such child be given in adoption as per prescribed procedure. The identity of the petitioner/ minor survivor shall be strictly protected,” it said.
The order was passed on a petition filed on behalf of the girl, who became pregnant after a sexual assault. The girl and her mother sought termination of the pregnancy, saying its continuation would cause grave mental injury to her. The court allowed the request after considering the medical board's opinion and the minor survivor's interests.
- Ends