Delhi HC Allows 15-Year-Old Rape Survivor To Terminate 26-Week Pregnancy

The Delhi High Court has permitted the medical termination of the 26-week pregnancy of a 15-year-old rape survivor, observing that forcing the minor to continue the pregnancy against her wishes could seriously affect her mental health.

A Bench of Justice Mini Pushkarna passed the order after considering the AIIMS Medical Board’s opinion and the consent of both the survivor and her father.

The minor’s father filed the petition seeking permission to terminate the pregnancy.

While allowing the plea, the Court directed AIIMS to preserve the foetus for DNA testing, as it may serve as crucial evidence in the pending criminal proceedings against the accused.

The Court further clarified that the authorities must provide appropriate medical care and involve the Child Welfare Committee if a healthy child is delivered during the medical procedure. It also directed the authorities to facilitate adoption if the survivor and her father choose that option.

Appearing for the petitioner, counsel argued that compelling the survivor to continue an unwanted pregnancy resulting from rape would violate her fundamental right to live with dignity under Article 21 of the Constitution.

The Court acknowledged that forcing the minor to carry the pregnancy to term could inflict severe psychological trauma.

According to the petition, the pregnancy resulted from rape, and the survivor sought permission to terminate the pregnancy, which had reached between 26 and 28 weeks.

Taking into account the medical opinion, the wishes of the survivor and her father, and the likely impact on her mental well-being, the High Court granted permission for the medical termination while ensuring that necessary legal and medical safeguards remain in place.

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