Delhi High Court Allows Minor Rape Survivor To Terminate 27-Week Pregnancy

The Delhi High Court has allowed a minor rape survivor to terminate her pregnancy of approximately 27-weeks gestational period and directed the Medical Superintendent of AIIMS to make necessary arrangement for the same.Vacation judge Justice Manoj Jain noted that the 16-year-old girl was a victim of sexual assault and was not interested in continuing with the pregnancy.“The physical fitness of the minor, for the purpose of undertaking termination of pregnancy, is not in debate as such physical fitness has even been certified by the Medical Board of AIIMS. The risk involved in the entire process has been duly explained in vernacular to the mother of minor who is present in Court and has also been communicated to the minor during the telephonic conversation and despite understanding the aforesaid risk, they both seek termination of the pregnancy, while reiterating the fact that it has caused serious mental trauma to them,” the Court said. It directed that the procedure be carried out by a team of competent doctors in accordance with the provisions of MTP Act and the relevant Rules and Regulations and Guidelines. “If the child is born alive, Medical Superintendent, AIIMS in conjunction with the State Authorities would ensure that every possible and feasible assistance is offered to such child. Intimation in this regard shall be given to the concerned Child Welfare Committee and as and when so required, the further directions be sought from Child Welfare Committee,” the Court said.The minor survivor submitted that in case the child is born alive, she would have no objection if he or she is given in adoption as per prescribed procedure.The plea was filed through the minor's mother seeking medical termination of the pregnancy. As per report of AIIMS medical board, the pregnancy was at 26 weeks and six days as on June 30 and the fetus was viable with no gross congenital malformations. The medical opinion suggested that there was higher likelihood of caesarean section, which may adversely affect the future reproductive health of the minor victim. The request for termination of pregnancy was thus denied. The mother and the minor both told Court that they were not interested in continuing with the pregnancy and that the pregnancy be terminated.The Court noted that the minor was subjected to sexual assault for the first time on Diwali last year but did not divulge about it to anyone. It further noted that she was again sexually assaulted by another person in March this year. Calling it unfortunate situation, the Court said:“…even when the FIR was registered in the present matter, the gestational age had already breached the permissible limit of 24 weeks. Thereafter, the petitioner has not caused any delay of any kind whatsoever and the present petition has been filed by her through her mother seeking termination of pregnancy. Her mother, as already noticed above, is very clear in her mind and submits that even her daughter is not interested in continuing with the pregnancy.”Counsel for Petitioner: Mr. Anwesh Madhukar, Advocate (DHCLSC) with Ms. Prachi Nirwan, AdvocateCounsel for Respondent: Mr. Sanjay Lao, Standing Counsel (Crl.) with Mr. Abhinav Kumar and Mr. Aryan Sachdeva, AdvocateTitle: MINOR A THR HER MOTHER S v. STATE & ANRCitation: 2025 LiveLaw (Del) 720Click here to read order

Delhi High Court Allows Minor Rape Survivor To Terminate 27-Week Pregnancy

Nupur Thapliyal

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