CourtPermission – Delhi High Court Allows Minor Rape Survivor to End 28-Week Pregnancy
CourtPermission – A 15-year-old rape survivor has been granted permission by the Delhi High Court to medically terminate her 28-week pregnancy, with the court emphasizing that exceptional circumstances involving severe mental trauma can justify such relief even beyond the legal limit prescribed under existing abortion laws.
Court Recognises Mental Trauma in Exceptional Circumstances
The petition was filed on behalf of the minor through her father, who informed the court that the girl wished to end the pregnancy by invoking her fundamental Right to Life. Although the Medical Termination of Pregnancy Act generally permits abortions only up to 24 weeks in specified cases, the court observed that the present matter required a humanitarian approach due to the profound psychological impact suffered by the survivor.
Justice Mini Pushkarna, who heard the matter during the court’s vacation bench, considered the medical opinion submitted by a board of specialists from AIIMS, New Delhi. The panel confirmed that the teenager was medically fit to undergo the termination procedure, allowing the court to proceed with its decision.
AIIMS Directed to Conduct the Medical Procedure
Accepting the findings of the medical board, the High Court authorised the girl to be admitted to AIIMS for the termination of her pregnancy. The court instructed that the procedure should be carried out by an experienced team of doctors while ensuring all necessary medical safeguards.
In addition, the court directed AIIMS to preserve the foetal tissue for DNA examination, as the evidence may be required during the ongoing criminal investigation related to the alleged rape.
Directions Issued if Child Is Born Alive
While granting permission for the medical procedure, the court also outlined the course of action if the child is born alive during the process. It directed that immediate medical care must be provided to the newborn and that the Child Welfare Committee should be informed without delay.
The bench further stated that if the survivor and her father decide not to keep the child, the authorities should initiate the legal process for adoption in accordance with applicable laws and child welfare guidelines.
Delhi Government Raises No Objection
During the hearing, the Delhi government informed the court that it had no objection to the medical termination after reviewing the report submitted by the AIIMS medical board. The government’s stand supported the recommendations of the doctors and helped facilitate the court’s final order.
The judgment reflects the judiciary’s effort to balance statutory provisions with constitutional rights in cases involving minors who have suffered extreme physical and emotional distress.
Other Significant Court Developments
In a separate matter, the Supreme Court permitted Bollywood actor Jacqueline Fernandez to withdraw her petition challenging a Delhi court’s decision to frame charges against her in the alleged Rs 200 crore money laundering case. The actor has been questioned multiple times by the Enforcement Directorate as part of the ongoing investigation.
Meanwhile, a Delhi court acquitted a man and two of his family members in a dowry death case registered in 2016. The court held that the prosecution failed to establish the charges beyond reasonable doubt and extended the benefit of doubt to the accused after evaluating the available evidence.