New Delhi: The Delhi High Court has allowed the termination of a 31-week pregnancy of a 16-year-old sexual assault survivor, stating that she should not be expected to bear the burden of giving birth and raising a child.
The court emphasized that the right of a minor rape survivor to terminate a pregnancy must be recognized as a human right, noting that denying permission would compromise her right to live with dignity.
Justice Mini Pushkarna stated that it would be inappropriate to expect a minor victim to shoulder the responsibilities of motherhood, particularly while she is navigating adolescence.
Under the Medical Termination of Pregnancy Act, pregnancies can ordinarily be terminated up to 20 weeks, and up to 24 weeks for specific categories including rape survivors. However, this pregnancy had progressed to 31 weeks.
The court acted after a medical board determined that the girl was physically fit to undergo the procedure, approving the request in her best interest. The petitioner had been admitted to Lady Hardinge Medical College and Hospital in New Delhi.
Medical professionals were instructed to preserve fetal tissue for DNA testing required in the ongoing criminal investigation. Additionally, the court mandated that the state cover all costs associated with the medical procedure.
The bench specified that if the infant were born alive, the hospital's medical superintendent must ensure the newborn receives comprehensive medical support. The child could then be placed for adoption according to standard procedures, adhering to the wishes of the minor and her family, while the survivor's identity remains strictly protected.
The ruling followed a petition filed on behalf of the teenager and her mother, who argued that continuing the pregnancy would cause severe psychological harm. The court ultimately granted the request after reviewing the medical board's assessment and the overall well-being of the minor.