Court permits termination at 31 weeks

The Delhi High Court allowed a 16-year-old rape survivor to terminate her 31-week pregnancy, saying it would not be appropriate to expect the minor to bear and raise a child.

Termination recognised as human right

Justice Mini Pushkarna noted that termination for a minor rape victim must be recognised as a human right, as it affects the dignified existence of the victim if not permitted.

“it would not be appropriate to expect the minor rape victim to take the burden of giving birth and raising a child, especially in a situation where she herself is passing through the age of adolescence”

Legal limits on abortion procedures

Under the Medical Termination of Pregnancy Act, the procedure can be done till twenty weeks in ordinary cases and twenty-four weeks in certain categories such as rape survivors.

Medical board approved the procedure

The court noted that the medical board confirmed the girl was medically fit to undergo pregnancy termination and allowed the procedure in the best interest of the minor survivor.

Victim admitted to Lady Hardinge hospital

The victim was already admitted to Lady Hardinge Medical College and Hospital in New Delhi. The court directed doctors to preserve foetus tissue for DNA testing required in the criminal case.

State to cover medical costs

The court directed the State to bear the expenses for the medical procedure. If the child is born alive, the hospital would offer all possible assistance and arrange adoption as per the minor's wish.

Victim's identity strictly protected

The court ordered that the identity of the minor survivor shall be strictly protected. The girl and her mother wished to terminate the pregnancy as its continuation would cause grave mental injury.