The Delhi High Court has permitted a 16-year-old sexual assault survivor to terminate her 31-week pregnancy, observing that it would be inappropriate to expect a minor to bear the burden of giving birth and raising a child while she was still in adolescence.
However, the board also noted that the foetus was likely to be born alive.
The Delhi Police counsel placed before the court a report from the medical board constituted at Lady Hardinge Medical College and Hospital, which found that the girl was physically fit to undergo the procedure.
The court passed the order on a petition filed on behalf of the girl, who became pregnant following a sexual assault. She argued that denying her request would cause severe mental anguish and trauma, particularly given her young age and the circumstances in which the pregnancy occurred. A bench of justice Mini Pushkarna, in an October 15 verdict, held that the termination of pregnancy in cases where a minor is a rape survivor cannot be viewed merely as a right of a sexually assaulted woman, but must also be recognised as a human right, as denying such permission can adversely affect the victim’s dignity and dignified existence. She invoked her right to life under Article 21 of the Constitution, seeking medical termination of the pregnancy.
“The termination of pregnancy where a minor is a victim of rape, cannot be reduced merely to be defined as right of a woman sexually assaulted, but also to be recognized as a human right, as it affects the dignified existence of a victim, if the same is not permitted,” the court said. “Thus, it was held that it would not be appropriate to expect the minor rape victim to take the burden of giving birth and raising a child, especially in a situation, where she herself is passing through the age of adolescence,” it added.
In its eight-page order, the court directed the hospital to carry out the medical termination and preserve the foetal tissue for DNA testing in connection with the criminal case. The court also directed the state to bear the expenses of the procedure.
It further said that if the child was born alive, the hospital’s medical superintendent must ensure that all possible assistance was provided to the baby.
