Delhi HC allows minor rape victim's plea to terminate 22-weeks pregnancy
Aug 12, 2020
New Delhi [India], Aug 12 : The Delhi High Court allowed a minor rape victim to terminate her 22-weeks pregnancy and directed Ram Manohar Lohia Hospital to follow necessary procedures for it, while making it clear that the procedure would be carried out only if the parameters of the petitioner do no indicate any added risk.
The order from the bench of Justice Vibhu Bakhru came after observing that the petitioner, a 16-year-old is at considerable risk of psychological complications if the pregnancy is continued.
Doctor Indu Chawla, Gynaecologist, told the court that further tests such as blood tests are required to be done to assess whether there is any additional risk and subject to evaluating such risks, the petitioner's pregnancy could be terminated.
"Considering the above, this Court considers it apposite to allow the present petition and directs that the petitioner be admitted to Dr Ram Manohar Lohia Hospital and the necessary procedures be carried out for termination of the pregnancy. It is, however, clarified that this is subject to further tests such as blood test, the reports of which are expected tomorrow. The procedure would be carried out only if the parameters of the petitioner do no indicate any added risk," Justice Vibhu Bakhru said.
The court noted that the report and psychological assessment of the petitioner and said that "it does appear that the petitioner is at considerable risk of psychological complications if the pregnancy is continued." The concerned doctors have explained that there may be some risks in terminating the pregnancy but the same are not higher than what is acceptable and expected at this stage.
Doctors Renuka Malik and Indu Chawla, Gynaecologist told the court that the petitioner was examined and it was found that she was under considerable distress. The clinical psychologist had also reported that continuation of the pregnancy would result in psychological complications, the doctors informed the court.
The girl was raped by one of her neighbours. An FIR under Section 376 of the Indian Penal Code and Section 6 of Protection of Children from Sexual Offences Act, 2012 (POCSO) was registered in Punjabi Bagh in Delhi.
Earlier, the court has asked Ram Manohar Lohia Hospital to constitute a Medical Board to examine the petitioner and report whether termination of the pregnancy involves risk to the petitioner.
