Delhi High Court Allows Minor Rape Victim To Terminate 26-Week Pregnancy, AIIMS To Bear Expenses
The Delhi High Court on Wednesday allowed a 15 year old rape victim to undergo medical termination of pregnancy with over 26 weeks of gestational period, noting that the medical board had given an opinion that the minor is fit to undergo the procedure.
Vacation judge Justice Mini Pushkarna directed All India Institute of Medical Sciences (AIIMS) to bear the cost of the procedure.
The Court allowed the plea filed by the minor through her father. It was her case that the father and the minor both wished to terminate the foetus as continuing with the same would result in mental injury to her.
Her counsel submitted that the minor was invoking her right to life as enshrined under Article 21 of Constitution of India for conducting medical termination of the pregnancy as rejection of the same would cause mental injury to her as she is a rape victim.
The Court was informed that as per a ruling of the High Court, there is an SOP in place requiring mandatory judicial order allowing such requests in cases involving minor rape victims.
The Court perused the report filed by the medical board constituted by AIIMS dated June 19 giving approval for termination of pregnancy.
It noted that the minor has been declared to be medically fit to undergo the medical procedure.
On Court's query, Standing Counsel (Criminal) Sanjay Lao appearing for the State said that they do not have any objection if the procedure is carried out.
Considering the submissions of the parties as well as the unequivocal opinion of medical board constituted by AIIMS, the Court allowed the prayer.
It directed AIIMS to preserve the terminal foetus for DNA testing which will be required for the criminal case registered against the accused.
It added that in case the foetus is alive, the born child be given necessary medical support and steps be taken by the concerned authorities for giving the baby for adoption.
Title: Minor R (Thr. Her Father R) v. State & Anr