NEW DELHI: The High Court has permitted termination of a 31-week pregnancy of a 16-year-old rape victim, saying it would not be appropriate to expect the minor to take the burden of giving birth and raising a child.
It noted that terminating a pregnancy involving a minor rape survivor must be recognised not merely as the right of a sexually assaulted woman, but also as a human right, as denying it could undermine the survivor’s right to live with dignity.
“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,” Justice Mini Pushkarna said.
Under the Medical Termination of Pregnancy Act, the procedure can be done till 20 weeks of the gestation period in ordinary cases and 24 weeks in certain categories, such as rape survivors. It noted that as per the opinion of the medical board, the girl was fit to undergo the termination procedure and allowed the plea.
It directed the state to bear expenses for the procedure and said that in case the child is born alive, the medical superintendent of hospital would ensure that all possible aid is offered to the baby.