Delhi HC permits 17-year-old rape survivor to terminate 29-week pregnancy
Under the Medical Termination of Pregnancy Act, the procedure can be done till 20 weeks of gestation period in ordinary cases and 24 weeks in certain categories
New Delhi, Oct 26 (PTI) The Delhi High Court has permitted termination of 29-week pregnancy of a 17-year-old sexual assault victim, observing that the procedure cannot be merely determined by the statutory period of 24 weeks and has to be examined in the context of circumstances of each case.
Under the Medical Termination of Pregnancy (MTP) Act, the procedure can be done till 20 weeks of gestation period in ordinary cases and 24 weeks in certain categories such as rape survivors.
Beyond 24 weeks, termination of pregnancy is permissible only in cases of substantial foetal abnormalities diagnosed by a medical board which has to be then approved by the court.
"... it emerges that the question of medical termination of pregnancy cannot be merely determined or restricted by the statutory period of 24 weeks, but must be examined in the context of the facts and circumstances of each case, including the age and the reason of such pregnancy, the medical opinion placed on record, and the rights and the interest of the pregnant woman.
"It is in the backdrop of the aforesaid legal position and the judicial precedents that this court proceeds to examine the present case," Justice Harish Vaidyanathan Shankar said in a judgment passed on October 24.
The court noted that the petitioner was a 17-year-old girl and her pregnancy was stated to be unwanted and conceived from a rape incident, against which an FIR has already been lodged.
It also noted the opinion of the doctors of the medical board that the minor girl was medically and psychologically fit for termination of pregnancy.
"Having regard to the facts and circumstance of the present case, and in light of the opinion of the medical board that the petitioner, that is, the minor victim, is medically fit to undergo the procedure for termination of pregnancy, the present petition is allowed," the high court said.
It directed that the doctors of Deen Dayal Upadhyay Hospital should carry out the MTP procedure on the victim and to preserve the foetus tissue for DNA testing which would be required in the criminal case.
It directed the State to bear the expenses for the medical procedure and said that in case the child is born alive, the medical superintendent of the hospital would ensure that all possible assistance is offered to the baby.
"In that case, as per wish of minor and her family, such child be given in adoption as per prescribed procedure. The identity of the petitioner/ minor survivor shall be strictly protected.
The court passed the order on a plea filed on behalf of the 17-year-old girl.
The victim and her grandmother wished to terminate the pregnancy since its continuation would cause grave mental injury and psychological trauma to the minor petitioner. PTI