Delhi HC allows termination of 25-week pregnancy of minor victim of sexual assault
Jan 31, 2023
New Delhi [India], January 31 : The Delhi High Court on Tuesday allowed the medical termination of 25 weeks pregnancy carried by a minor victim of sexual assault. The High court passed the direction on a plea moved by the mother of the 13-year-old victim.
Justice Prathiba M Singh directed the medical board of Safdarjung Hospital to undertake the procedure for the termination of pregnancy on Wednesday.
The court observed, "The petitioner is 13 years of age and a victim of sexual assault and FIR has already been registered for the same. Further, the petitioner does not wish to carry on with the pregnancy. This stand of the petitioner is confirmed by the mother of the petition, who is acting as her legal guardian."
"Under these circumstances, keeping in mind the interest of the life of the petitioner, her tender age, her education, and keeping in mind the social circumstances, even though the gestational period is more than 25 weeks, this court is of the opinion that the pregnancy is terminated," justice Singh said.
The court passed the direction after considering the medical report. The court also interacted with the doctors of the medical board who joined the proceedings through video conferencing.
From the interaction, it appears that there are risks involved in the termination of pregnancy as also in continuing with the pregnancy, the court said.
The court directed that the minor be admitted to the hospital on Wednesday by 9 am.
The doctors of the medical board assured the court that they would give the petitioner the best care during the pregnancy termination process.
The minor petitioner approached the court moving a petition through advocate Shreyance Singhavi.
The High Court on Monday directed the Safdarjung hospital to constitute a medical board and examine the petitioner.
The bench directed to preserve a sample of the foetus for the purpose of a criminal case, which may be required in future.
The court after considering the fact the petitioner is a victim of sexual assault directed that the cost of termination of pregnancy shall be borne by the Ministry of Health and Family welfare.
The court has also directed that the DCPA shall release a sum of Rs 10,000 for immediate nutrition and other medical needs of the petitioner after the termination of pregnancy.
