Delhi HC permits minor to terminate pregnancy, allows Nirmal Chhaya superintendent to sign consent form

New Delhi [India], March 13 : The Delhi High Court recently allowed a minor to terminate her 23-weeks pregnancy, and also allowed the superintendent of Nirmal Chhaya to sign the consent form as the minor's father was not available for the same.
Notably, since October 2022, the minor has been lodged in Nirmal Chhaya, a custody home for minors run by the Delhi government,
Justice Dinesh Kumar Sharma after taking note of the fact that only two or three days were left to complete 24 weeks of pregnancy, allowed the termination of pregnancy considering the medical report.
The High Court allowed the superintendent of Nirmal Chhaya to sign the consent form for the procedure. The High Court allowed the official to go ahead in view of the fact that the Superintendent was appointed as guardian by the Child welfare Committee.
The medical report of February 24 stated that the minor was carrying a pregnancy of 22 weeks. The report had also stated that the minor is fit to continue with pregnancy or for termination of pregnancy.
While passing the order the HC observed that at this of tender age allowing the minor victim to give birth and raise a child knowing that she herself in her adolescent age and is thus mentally-physically unprepared, would be totally inappropriate and improper.
"This would only be leading her to trauma for the entire life and miseries in all manners be it emotional, physical and mental, given the social, financial and other factors that are associated with raising a child," the bench further observed.
Before passing the said order on March 7, the bench also considered the submission made by the Amicus Curiae Senior advocate Rebbeca John.
Earlier the father gave his consent for the procedure but later on failed to come forward to sign the consent form. It was also brought in the knowledge of the court that his house has been locked. A message was also sent to him on WhatsApp, but no response was received.
The bench after considering all the facts and circumstances permitted the termination of pregnancy at Lady Harding Medical College. It has also directed to preserve the DNA of the foetus for the purpose future requirement. The expenses of the procedure shall be borne by the state, the bench directed.
The bench has also directed that the Delhi High Court Legal Service Committee shall be the Nodal Agency to co-ordinate with all the other agencies and present a plan before this court for the rehabilitation and well-being of the child.