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, bypassing the standard statutory limit of 24 weeks. Delivering the order, a vacation bench of Justice Mini Pushkarna ruled that constitutional courts can exercise extraordinary jurisdiction in exceptional cases to prevent grave physical or mental harm to minor survivors.
The legal action was initiated through a petition filed by the teenager's father. The petitioner argued that forcing the 15-year-old to carry the pregnancy to term would subject her to severe mental trauma and violate her fundamental right to life under Article 21 of the Constitution.
Under the Medical Termination of Pregnancy (MTP) Act, 1971, abortion is generally permitted only up to a gestational age of 24 weeks under specified circumstances. However, Justice Pushkarna observed that extraordinary jurisdiction can be invoked in rape cases because such situations inflict grave mental injury and trauma upon the mind of a minor.
During the proceedings, counsel representing the Delhi government informed the court that the state had no objection to the termination. This position was backed by the findings of a medical board constituted at the All India Institute of Medical Sciences (AIIMS).
The AIIMS medical board conducted obstetric, psychiatric, and psychological evaluations of the teenager. Following these assessments, the board concluded that continuing the pregnancy was highly likely to adversely affect the survivor’s mental well-being and recommended that the medical termination be allowed to proceed.
Allowing the petition, the Delhi High Court directed AIIMS to carry out the medical procedure in accordance with the provisions, rules, and guidelines of the MTP Act.
The court also ordered the hospital to preserve fetal tissue for DNA testing. Furthermore, Justice Pushkarna directed that if the child is born alive during the procedure, AIIMS and state authorities must ensure immediate medical care, including placement in an incubator if required. The concerned Child Welfare Committee must also be informed promptly to facilitate further welfare measures.
