The Delhi High Court has granted permission to a 17-year-old sexual assault survivor to terminate her 29-week pregnancy. This ruling emphasises that decisions regarding pregnancy termination cannot be made solely based on the statutory limit of 24 weeks. The court highlighted the necessity of evaluating each case on its individual merits, taking into account various factors.

These include the age of the pregnant woman, the circumstances surrounding the pregnancy, medical opinions, and the rights of the individual involved. Under the Medical Termination of Pregnancy Act, termination of pregnancy is generally allowed up to 20 weeks, and up to 24 weeks for specific categories, including survivors of rape.

For pregnancies exceeding 24 weeks, termination is only permissible if a medical board identifies significant foetal abnormalities and a court grants approval for the procedure. The court’s ruling reflects a nuanced understanding of the complexities involved in such cases. Justice Harish Vaidyanathan Shankar, in a judgement delivered on October 24.

He stated that the determination of medical termination of pregnancy should not be confined to the statutory period of 24 weeks. Instead, it must be assessed in the context of the unique facts and circumstances of each case, including the age of the woman and the reasons for the pregnancy, along with medical opinions provided.

Details of the Case

According to reports from the Press Trust of India, the petitioner was a minor whose unwanted pregnancy was allegedly a result of rape. An FIR had been filed concerning the alleged assault, and a medical board evaluated the minor, concluding that she was both medically and psychologically fit to undergo the termination procedure. This assessment played a crucial role in the court’s decision.

The court acknowledged the specific circumstances of the case and the medical board’s opinion, allowing the petition for termination of the pregnancy. The ruling underscored the importance of considering the mental health and well-being of the minor, as the continuation of the pregnancy was deemed likely to cause her severe psychological trauma.

In its order, the court directed the medical staff at Deen Dayal Upadhyay Hospital to carry out the termination procedure. Additionally, it instructed that foetal tissue be preserved for DNA testing, which is necessary for the ongoing criminal investigation related to the case. The court also mandated that the state cover the costs associated with the medical procedure.

Post-Termination Care and Adoption Options

The court further stipulated that if the child were to be born alive, the medical superintendent of the hospital must ensure that all possible assistance is provided to the newborn. In such an event, and as per the wishes of the minor and her family, the child should be placed for adoption following the appropriate legal procedures.

The court emphasised the importance of protecting the identity of the minor survivor throughout this process. This ruling was made following a plea submitted on behalf of the minor, who, along with her grandmother, sought to terminate the pregnancy. They expressed concerns that continuing the pregnancy would lead to significant mental distress and trauma for the young girl.

The court’s decision reflects a careful consideration of both the medical and emotional aspects of the case, ensuring that the rights and welfare of the minor are prioritised. The judgement serves as a significant legal precedent, reinforcing the need for a compassionate and context-sensitive approach in cases involving minors and sensitive circumstances such as sexual assault and unwanted pregnancies.

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