Delhi High Court permits 16-year-old rape survivor to terminate 31-week pregnancy

The Delhi High Court has permitted termination of a 31-week pregnancy of a 16-year-old sexual assault victim, saying it would not be appropriate to expect the minor to take the burden of giving birth and raising a child.

The High Court noted that termination of pregnancy where a minor is a victim of rape cannot be reduced merely to be defined as the right of a sexually assaulted woman, but also has to be recognised as a human right as it affects the dignified existence of a victim if the same is not permitted.

"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, the procedure can be done till 20 weeks of gestation period in ordinary cases and 24 weeks in certain categories such as rape survivors.

The court noted that as per the opinion of the medical board, the girl was medically fit to undergo the pregnancy termination procedure and allowed the prayer in the best interest of the minor survivor.

The court, which was informed that the victim was already admitted to Lady Hardinge Medical College and Hospital in New Delhi, directed the doctors to preserve the foetus tissue for DNA testing that would be required in the criminal case.

It directed the State to bear the expenses for the medical procedure and said that in case the child is born alive, the medical superintendent of the hospital would ensure that all possible assistance is offered to the baby.

"In that case, as per the wish of the minor and her family, such child be given in adoption as per the prescribed procedure. The identity of the petitioner/minor survivor shall be strictly protected.

The court passed the order on a plea filed on behalf of the girl, who became pregnant after a sexual assault. The victim and her mother wished to terminate the pregnancy since its continuation would result in grave mental injury to the minor petitioner.