NEW DELHI: The Delhi High Court has allowed a minor rape survivor, over 26 weeks pregnant, to undergo a medical termination of her pregnancy while emphasising that continuing an unwanted pregnancy can cause significant harm to the survivor’s mental health.
Justice Anoop Kumar Mendiratta, presiding over the case, also directed Safdarjung Hospital to preserve foetal samples for DNA testing, which may be required in the ongoing criminal case.
Justice Mendiratta underscored that the survivor, being just 16 years old, holds the right to decide whether to continue with the pregnancy or terminate it and said that forcing the young victim to carry the pregnancy to term would only exacerbate her emotional trauma.
“The social stigma attached to such incidents can prevent healing, and no one should be subjected to such compounded suffering,” Justice Mendiratta remarked.
The court also highlighted that while the pregnancy had exceeded 26 weeks, the risk of terminating the pregnancy was no greater than the risk of delivering at full term. The absence of foetal abnormalities does not diminish the victim’s right to make a reproductive choice, the court noted, affirming that unwanted pregnancy is a severe injury to a rape survivor’s mental well-being.
The ruling followed a petition by the survivor, filed through her guardian, seeking permission for the termination of her pregnancy. The girl had reported abdominal pain, leading to the discovery of her pregnancy on August 27. The pregnancy was the result of an alleged sexual assault in March, prompting the filing of a rape case.
Safdarjung Hospital’s medical board advised that continuing the pregnancy posed risks to both the physical and mental health of the survivor. The court also directed that the state cover the medical expenses and any dietary needs for the victim’s recovery.
In a broader directive, the court ordered Ministry of Health and Family Welfare to ensure confidentiality in such cases, mandating that the identities of victims be kept private. The Ministry was asked to submit a compliance report within four weeks, ensuring that victims’ privacy is maintained in all future medical records.