The Delhi High Court has observed that the question of medical termination of pregnancy cannot be determined or restricted merely by the statutory gestational limit of 24 weeks under the Medical Termination of Pregnancy (MTP) Act, but must be examined in light of the facts and circumstances of each case, including the age of the pregnant woman, the circumstances leading to the pregnancy, medical opinion and her rights and interests.

“...the question of medical termination of pregnancy cannot be merely determined or restricted by the statutory period of 24 weeks, but must be examined in the context of the facts and circumstances of each case, including the age and the reason of such pregnancy, the medical opinion placed on record, and the rights and the interest of the pregnant woman,” Justice Harish Vaidyanathan Shankar observed.

The Court made the observation while allowing a plea filed on behalf of a 17-year-old rape survivor seeking medical termination of her pregnancy, which had crossed 29 weeks of gestation.

The minor had approached the Court through her grandmother, seeking permission to terminate the pregnancy under the MTP Act.

The plea stated that the pregnancy was conceived as a result of rape and that its continuation would cause grave mental injury and psychological trauma to the minor.

An FIR had already been registered at Khayala Police Station in connection with the rape. The Medical Board constituted at Deen Dayal Upadhyay Hospital, had opined that the minor was medically and psychologically fit to undergo the termination procedure.

Taking note of the medical opinion and the circumstances of the case, the Court allowed the petition and permitted the termination of pregnancy in the minor's best interests.

“This Court takes note of the fact that the Petitioner is a minor girl of approximately 17 years, and the pregnancy is stated to be unwanted and having been conceived from a rape, against which a FIR has already been registered at Police Station Khyala, Delhi. The gestation period of the said pregnancy exceeds 29 weeks, as per the report of the Medical Board,” the Court noted.

It also noted the opinion expressed in the Report of the Medical Board which said that “Minor V is medically & psychologically fit for termination of pregnancy”.

“Having regard to the facts and circumstance of the present case, and in light of the opinion of the Medical Board that the Petitioner, i.e., the minor victim, is medically fit to undergo the procedure for termination of pregnancy, the present Petition is allowed,” the Court said.

It directed that the termination procedure be carried out by a team of competent doctors in accordance with the MTP Act and the applicable rules, regulations and guidelines.

It further directed the Medical Board to maintain complete records of the procedure and the hospital to preserve foetal tissue for DNA testing in connection with the criminal case.

“Respondent No. 1, i.e., the State shall bear all the expenses necessary for the termination of the pregnancy of the minor in question and her stay at the hospital during such period. The expenditure towards post-operative period shall also be borne by the State,” the Court said.

It also issued safeguards in the event that the child was born alive, directing the hospital and State authorities to ensure medical support and necessary assistance, including incubator care, and to inform the concerned Child Welfare Committee.

The Court further directed that the minor survivor's identity be strictly protected and that no identifying particulars, including her name, address, photographs or medical records, be disclosed except as authorised or required by law.