The Delhi High Court allowed a 16-year-old sexual assault survivor to end her 31-week pregnancy. The ruling placed her dignity and best interests above the burden of forced motherhood.
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Newdelhi,Oct 19, 2026 16:12 IST
The Delhi High Court has allowed a 16-year-old sexual assault survivor to terminate her 31-week pregnancy, 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 because refusing 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. The limit is 24 weeks for certain categories, including rape survivors.
According to Press Trust of India, the medical board found the girl fit to undergo the procedure. The court allowed the request in the minor survivor's best interests.
The court was informed that the survivor had been admitted to Lady Hardinge Medical College and Hospital in New Delhi. It directed doctors to preserve foetal tissue for DNA testing required in the criminal case.
The court also directed the state to bear the cost of the medical procedure. It said that if the child was born alive, the hospital's medical superintendent must ensure that all possible assistance was provided to the baby.
“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,” the court said.
The order was passed on a petition filed on behalf of the girl, who became pregnant after a sexual assault. The survivor and her mother sought termination of the pregnancy, saying its continuation would cause grave mental injury to the minor. The court allowed the procedure after considering the medical board's opinion and the survivor's interests.
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