NEW DELHI: The Delhi High Court has permitted a 15-year-old rape survivor to medically terminate her 28-week pregnancy, observing that although the law does not provide for abortion after 24 weeks, such permission can be accorded in view of grave mental injury and trauma inflicted upon the mind of a minor girl.
Invoking the ‘Right to Life,’ the girl who filed the petition through her father told the court that she wanted to terminate her pregnancy.
The vacation bench of Justice Mini Pushkarna, which was hearing the matter, noted the view of a Medical Board of AIIMS, New Delhi, which said that the petitioner was medically fit to undergo the procedure for medical termination of pregnancy,
The bench, however, clarified that if the child is born alive in this case, authorities must offer medical assistance to the baby, involve the Child Welfare Committee, and if so wished by the girl and her father, give the baby up for adoption.
The Delhi government said that in view of a report by AIIMS, it had no objection if the procedure for medical termination of pregnancy was carried out.
Noting the submissions, the judge observed, “The petitioner is permitted to get admitted at AIIMS, New Delhi, on the strength of the present order for medical termination of her pregnancy. Let the procedure be carried out by a team of competent doctors.” The judge further directed AIIMS to preserve the foetus’ tissue for DNA testing in the criminal case.
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