Delhi High Court Approves Termination for Minor Rape Survivor Beyond 26 Weeks

The Delhi High Court has allowed a 15-year-old rape survivor to terminate her pregnancy, which was over 26 weeks, following a medical board's approval. The court ordered AIIMS to bear the termination cost and stressed preserving the fetus for DNA testing to aid in ongoing criminal proceedings.

In a significant legal decision, the Delhi High Court permitted a 15-year-old rape survivor to terminate her pregnancy, which had progressed beyond 26 weeks. This decision came after a medical board advised that the minor was medically fit to undergo the termination procedure. Presiding over the matter, Vacation Judge Justice Mini Pushkarna granted the petition filed on behalf of the minor by her father.

The court emphasized the psychological harm the continuation of the pregnancy could inflict on the minor, aligning with arguments made by the petitioner's counsel. Under Article 21 of the Constitution, the minor's right to life was highlighted, and the court recognized that refusing the procedure could lead to severe mental trauma, considering the girl was a rape victim. The judicial process complied with the Standard Operating Procedure, which mandates a court order for pregnancy termination in cases involving minor rape survivors.

Following detailed examination of the AIIMS medical board's report, the High Court approved the termination request, noting the Delhi Government's lack of objection. Furthermore, the court instructed AIIMS to maintain the fetus for DNA analysis, which is crucial for criminal proceedings against the accused. Provisions were also made to ensure necessary medical care if the fetus is born alive, with plans for possible adoption processes outlined by the authorities.