New Delhi: The Delhi High Court has allowed a 16-year-old sexual assault survivor to terminate her 31-week pregnancy, ruling that she should not be forced to bear the burden of giving birth and raising a child. Justice Mini Pushkarna stated that recognizing a minor rape survivor's right to end a pregnancy is a matter of human rights, noting that refusing such permission would undermine her right to live with dignity. The court emphasized that expecting an adolescent victim to shoulder the responsibilities of motherhood under such circumstances would be inappropriate.
While the Medical Termination of Pregnancy Act generally restricts procedures to 20 weeks, with an extension to 24 weeks for specific vulnerable groups like rape survivors, the court acted upon a favorable assessment by a medical board that found the teenager fit for the procedure. The petition was filed by the minor and her mother, who argued that continuing the pregnancy would inflict severe mental trauma on the young girl.
The survivor was admitted to Lady Hardinge Medical College and Hospital in New Delhi for the procedure. As part of its directives, the court ordered medical professionals to preserve fetal tissue for DNA testing, which is necessary for the ongoing criminal investigation. Additionally, the state was ordered to shoulder all costs associated with the medical procedure.
The bench further ruled that if the child were to be born alive, the medical superintendent must ensure full assistance is provided. In such an event, the infant would be placed for adoption according to standard legal procedures, in accordance with the wishes of the minor and her family. The court also ordered that the identity of the minor survivor be strictly protected throughout the process.