Delhi High Court permits minor rape victim to terminate over 26 weeks pregnancy

New Delhi: The Delhi High Court has allowed a minor rape victim to undergo termination of her over 26 weeks pregnancy, observing that unwanted pregnancy constitutes a grave injury to the mental health of the survivor.

The court also directed the Safdarjung Hospital here to preserve samples from the foetus for DNA testing which may be required for the pending criminal proceedings.

The high court said the victim has the ultimate right whether to give birth to the conceived child or to terminate the pregnancy, and her opinion has to be given primacy.

"This court is of the considered opinion that the suffering of the victim who is aged about 16 years would be compounded if she is forced to continue the pregnancy at a tender age. Apart from above, the victim is bound to face social stigma which may not permit the scars left by defilement of her body to heal," Justice Anoop Kumar Mendiratta said.

The court said it was cautious that though the pregnancy is of over 26 weeks of gestation but the risks associated with termination of pregnancy is not higher than the risk of delivery at full term of pregnancy.

"Merely because there is no foetal abnormality, it cannot be held that the reproductive choice of the victim may be curtailed. It may be underlined that unwanted pregnancy constitutes a grave injury to the mental health of the rape survivor/victim, as also confirmed in the opinion rendered by the medical board," it said.

The court was dealing with a petition by the girl, filed through her guardian, seeking permission to undergo medical termination of pregnancy and to direct the Safdarjung Hospital to preserve the terminal foetus for the purposes of DNA testing which would be required in the criminal case.

The court was informed that the girl was over 26 weeks pregnant with an alleged history of sexual assault in March this year.

The pregnancy was detected on August 27 when she complained of abdominal pain and was taken to a hospital. A case of rape and sexual assault was registered by police.

The high court passed the order after the report of the medical board of Safdarjung Hospital clarified that carrying the pregnancy to full term is likely to adversely affect the physical health of the victim as well as her mental health.

It was further informed that the victim and her mother have been counselled and informed of the procedural and medical aspects, including possible complications.

The high court, in its order, said though the procedure to be undertaken for medical termination of pregnancy has been informed to the victim and she along with her mother has given an informed consent to it, if at any stage she seeks to change her mind, it should be considered by the medical team.

"In case there is any danger to life or wellbeing of the victim, the medical team shall have the discretion to take appropriate decision as deemed suitable to save the life of the victim….

"The State is also directed to bear the medical expenses as well as expenses towards the special diet of the victim and take further necessary steps in the interest and welfare of the victim,” it said.

The high court noted that in this case the victim’s name was inadvertently mentioned in the medical record and was directed to be redacted.

It asked the Director General of Health Services of Union Ministry of Health and Family Welfare to issue instructions to all the concerned hospitals to ensure that identity of victims in such cases is not revealed and the record is kept confidential. It has called for a compliance report within four weeks.