Delhi High Court Allows 15-Year-Old Rape Survivor To Terminate 28-Week Pregnancy
On Wednesday, the Delhi High Court permitted a 15-year-old rape survivor to terminate her 28-week pregnancy at the All India Institute of Medical Sciences (AIIMS) in Delhi. Justice Mini Pushkarna ruled that constitutional courts can exercise extraordinary jurisdiction to allow such procedures beyond the statutory limit in exceptional cases to prevent grave harm.
The order was passed by a vacation bench of the High Court following a petition filed by the teenager's father. The petitioner argued that forcing the 15-year-old to continue with the pregnancy would violate her right to life under Article 21 of the Constitution and subject her to severe mental trauma.
Under the Medical Termination of Pregnancy (MTP) Act, 1971, abortion is generally permitted only up to 24 weeks under specific circumstances. However, Justice Pushkarna observed that extraordinary jurisdiction can be invoked in rape cases involving minors, as such situations inflict grave mental injury and trauma on the victim.
During the hearing, the counsel representing the Delhi government stated that they had no objection to the termination. This stance followed the clinical opinion of a medical board constituted at AIIMS.
The AIIMS medical board, which conducted obstetric, psychiatric, and psychological evaluations of the minor, concluded that continuing the pregnancy was highly likely to adversely affect her mental well-being. The board subsequently advised that the medical termination could be permitted.
Following the medical board's recommendation, the court directed AIIMS to perform the termination procedure in compliance with the MTP Act and relevant guidelines.
Additionally, the court ordered the hospital to preserve the foetal tissue for DNA testing purposes. Justice Pushkarna also directed that if the child is born alive during the procedure, AIIMS and state authorities must provide immediate medical care, including incubator support if necessary.
The court further ordered that the concerned Child Welfare Committee be notified promptly to ensure appropriate measures are taken for the child's welfare in such an event.
