The Delhi High Court has permitted the medical termination of a 27-week pregnancy of a 16-year-old rape survivor, taking note of her unwillingness to continue with the pregnancy and the mental trauma suffered by both the minor and her mother.
Vacation judge Justice Manoj Jain, while hearing the plea filed through the girl’s mother, directed the Medical Superintendent of AIIMS to carry out the procedure in accordance with the Medical Termination of Pregnancy (MTP) Act, relevant Rules, and guidelines.
“The risk involved in the entire process has been duly explained in vernacular to the mother of the minor, who is present in Court, and also to the minor through telephonic conversation. Despite understanding the risks, both seek termination, reiterating the mental trauma caused by the pregnancy,” the Court recorded.
According to AIIMS's Medical Board, as of June 30, the girl was 26 weeks and six days pregnant, with a viable fetus and no visible congenital malformations. However, the report indicated that a caesarean section might be necessary, which could potentially impact the girl's future reproductive health. Initially, based on these risks, the request for termination was denied.
Despite this, both the minor and her mother reiterated before the Court that they did not wish to continue with the pregnancy. The Court clarified that the minor's physical fitness for the procedure had already been confirmed by the AIIMS Board.
The Court directed that, if the child is born alive during the process, the Medical Superintendent of AIIMS, in coordination with State authorities, must extend all possible support. The matter must also be referred to the Child Welfare Committee (CWC) for further directions as needed.
The minor expressed no objection to the child being given in adoption following due legal process.
The Court noted that the minor was sexually assaulted twice—first during Diwali last year, and then again in March this year by a different individual. She did not disclose the incidents earlier. The FIR was filed only after the pregnancy had crossed the statutory limit of 24 weeks, beyond which termination is generally restricted under the MTP Act.
“This is a deeply unfortunate situation. By the time the FIR was registered, the pregnancy had already exceeded 24 weeks. The petitioner has not caused any delay thereafter,” the Court observed, adding that both the minor and her mother were clear and consistent in their desire for termination.
The Court permitted the termination to be carried out by a team of qualified doctors at AIIMS and disposed of the matter with specific directions regarding post-procedure care and coordination with child welfare authorities, if required.
Case Title: Minor A through her Mother S v. State & Anr
Bench: Justice Manoj Jain
Date of Order: [Insert if needed]
Counsel for Petitioner: Mr. Anwesh Madhukar (DHCLSC), Ms. Prachi Nirwan
Counsel for Respondent: Mr. Sanjay Lao, Mr. Abhinav Kumar, Mr. Aryan Sachdeva
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