The Delhi High Court permitted a 15-year-old rape survivor to terminate her 26-week pregnancy based on a medical board’s report. AIIMS will bear the cost, and the court has ordered the foetus to be preserved for DNA testing.
The Delhi High Court on Wednesday allowed a 15-year-old rape survivor to undergo medical termination of her pregnancy, which had crossed 26 weeks, after taking note of a medical board’s opinion that she was fit to undergo the procedure. Vacation Judge Justice Mini Pushkarna passed the order on a petition filed by the minor through her father. The HC also directed the All India Institute of Medical Sciences (AIIMS) to bear the cost of the medical termination.
Arguments and Medical Opinion
It was submitted that both the minor and her father wanted the pregnancy to be terminated, arguing that its continuation would cause serious mental trauma to the child.
Counsel for the petitioner contended that the minor was exercising her right to life under Article 21 of the Constitution and that denying the request would result in further mental injury, especially as she was a victim of rape.
The High Court was informed that under the existing Standard Operating Procedure (SOP), a judicial order is required before termination of pregnancy can be carried out in cases involving minor rape survivors.
After examining the report of the AIIMS medical board dated June 19, the HC noted that the board had recommended termination of the pregnancy and declared the minor medically fit for the procedure.
Standing Counsel (Criminal) Sanjay Lao, appearing for the Delhi Government, informed the High Court that the State had no objection to the request.
Court’s Order and Further Directions
Considering the medical board’s opinion and the submissions made by the parties, the High Court allowed the plea for termination of pregnancy.
The High Court further directed AIIMS to preserve the foetus for DNA testing, noting that the sample may be required in the criminal proceedings against the accused.
It also ordered that if the foetus is born alive during the procedure, necessary medical support should be provided to the child, and the concerned authorities should take appropriate steps for the child’s adoption.
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