Delhi HC allows minor rape victim to terminate pregnancy of 25 weeks
Jul 20, 2022
New Delhi [India], July 20 : The Delhi High court allowed a minor rape victim to terminate the pregnancy of around 25 weeks. The High court has directed the medical board of Safdarjung hospital to carry out the procedure in this regard.
Justice Yashwant Varma on Tuesday allowed the petition moved by the victim's father. The High court directed Safdarjung hospital to constitute a Medical Board. The victim has been directed to appear before the medical board on July 21.
The bench further directed Safdarjung hospital to preserve the foetus for the purpose of DNA testing which would be required with reference to the criminal case registered in this matter.
The court further provided that if during the procedure for termination the Board and the attending doctors find that there arises a risk to the petitioner, they would have the discretion to cancel the procedure for termination of pregnancy.
The 17 years old victim had moved to the High court through her father. The petition filed by the victim stated that the said incident of rape occurred in her native village on December 25, 2021. A case has been registered in the police station Safdarjung Enclave, Delhi. The petitioner had approached the Safdarjung hospital. After knowing the required legal remedy, this petition was filed in the high court.
Safdarjung hospital had constituted a medical board of four members on its own after the matter was taken up in court, the order of July 19 read.
It is also noted that the said board had drawn a report on July 16, 2022. The report recorded the age of the petitioner as about 13 years. It was further indicated that as per the clinical examination and ultrasound report, the period of gestation is 25 weeks and 6 days.
The board has opined that in case of termination of pregnancy beyond 24 weeks, the Act sanctions termination of pregnancy only in case of substantial foetal abnormalities that may be diagnosed by the Medical Board. In the absence of such a condition obtained in the present case, the Board has expressed its inability to proceed further.
The court noted that where the pregnancy is alleged by a pregnant woman to have occurred on account of rape or sexual assault, the anguish caused by it is presumed to constitute a grave injury to the mental health of the pregnant woman.
The court also noted that the petitioner is a victim of rape. She is stated to be about 13 to 17 years old.
The court observed, " the assault on her person and defilement of her body would have undoubtedly left scars which would take years to heal. Her misery and sufferings would stand compounded even more if she were forced to bear the mantle of motherhood at such a tender age."
"The court shudders to even imagine the state of despondency that would descend over her life. The mental and physical trauma that she would have to undergo if she were forced to carry the foetus and take on the onerous duties of motherhood is unimaginable," he further observed.
This court is of the firm opinion that if the petitioner was forced to go through with the pregnancy despite the same being having been caused on account of an incident of sexual assault, it would permanently scar her psyche and cause grave and irreparable injury to her mental health. The court cannot visualise a more egregious invasion of her right to life as guaranteed by Article 21 of the Constitution, the court order noted.
