Delhi High Court allows 15-year-old rape survivor to abort 28-week pregnancy at AIIMS
On June 24, the Delhi High Court permitted a 15-year-old rape survivor to medically terminate her 28-week pregnancy at AIIMS in New Delhi. A vacation bench of Justice Mini Pushkarna bypassed the standard 24-week legal limit under the Medical Termination of Pregnancy (MTP) Act, citing the grave mental injury and trauma inflicted upon the minor girl.
The court allowed the medical procedure to go forward after receiving a medical report from AIIMS, New Delhi. The medical board's report confirmed that the minor petitioner was medically fit to undergo the procedure and opined that continuing the pregnancy was likely to have an adverse psychological impact on her. The Delhi government stated it had no objection to the procedure and was ordered to bear all expenses for the termination and the petitioner's hospital stay.
In the order, Justice Pushkarna clarified the protocol if the child is born alive during the procedure. The Medical Superintendent of AIIMS, New Delhi, in conjunction with state authorities, must ensure that medical support and all feasible assistance are offered to the child, including keeping the baby in an incubator.
The court also directed that the concerned Child Welfare Committee (CWC) must be notified of the birth. If the minor and her father wish, the child will be given up for adoption according to the prescribed legal procedures.
Additionally, the High Court directed the team of competent doctors at AIIMS to preserve the foetus's tissue for DNA testing, which is required for the ongoing criminal case.
The petitioner had filed the plea through her father, invoking her Right to Life. She submitted to the court that continuing the pregnancy, which arose from an incident of rape, would result in grave mental injury.
Although the MTP Act does not provide for the termination of a pregnancy beyond 24 weeks, the court stated that the extraordinary jurisdiction of constitutional courts can be invoked in rape cases involving minors due to the severe trauma involved.
