Delhi High Court permits a minor girl to terminate her 27-week pregnancy resulting from sexual assault. Court cites mental trauma and directs AIIMS to carry out procedure with full state support.
New Delhi: Today, on June 30, In a sensitive and tragic case, the Delhi High Court has granted permission to a minor girl to terminate her pregnancy, which had exceeded the legal limit of 24 weeks.
The court made this decision after learning that the pregnancy was the result of a sexual assault that occurred in March this year, and considering the grave mental trauma suffered by the girl.
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As per the details submitted in court, the girl was subjected to sexual assault on two separate occasions. The first incident happened during Diwali last year.
However, she did not reveal this to anyone. The second incident took place in March, when she was again sexually assaulted by a different person. The pregnancy was a result of the second assault, the girl’s lawyer informed the court.
The court noted in its order,
“The situation in this case is unfortunate. The girl was subjected to sexual assault for the first time on Diwali but she did not divulge about this to anyone and she was again subjected to sexual assault in March by another person,”
The girl came to know about her pregnancy only when she visited a doctor along with her sister. After her family members were informed, she confided in them about the sexual assault. This disclosure led to the filing of a First Information Report (FIR).
At the time of filing the FIR in June, the pregnancy had already crossed the 24-week mark, which is the maximum gestational limit for termination under the Medical Termination of Pregnancy Act, 1971, in most cases.
However, the High Court referred to previous legal rulings, including from the Supreme Court, which allowed termination of pregnancy in cases of severe trauma and sexual violence, even when the gestation exceeded 27 or even 33 weeks.
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The court observed:
“It is not difficult for this court to comprehend and understand the grave mental injury inflicted upon the minor.”
The police informed the court that while the accused involved in the March assault has been arrested, the person responsible for the earlier Diwali assault has yet to be apprehended.
In light of the circumstances, the court directed that doctors at the All India Institute of Medical Sciences (AIIMS), Delhi, proceed with the termination. It also mandated that the medical team maintain complete documentation and preserve fetal tissue for DNA analysis to assist the ongoing criminal investigation.
“The AIIMS doctors, as a result, were ordered to maintain a complete record of the procedure aside from preserving the fetus tissue, which could be required for DNA identification and investigation purposes.”
In addition, the court ordered that the state government must bear all costs related to the medical procedure, the girl’s stay at the hospital, and any required post-operative care.
“The court further directed the state authorities to bear all the expenses of the medical procedure, the girl’s stay at the hospital and the expenditure of post-operative care.”
The High Court further stated that in case the child is born alive during the termination process, appropriate care must be provided to the baby by hospital and state officials.
“If the child is born alive, the medical superintendent of AIIMS along with state authorities shall ensure that every assistance is offered to such child and intimation will be given to the Child Welfare Committee.”
The girl’s mother supported the termination and expressed willingness to allow the child to be put up for adoption in case of a live birth.
The court noted,
“Since the minor’s mother wants to get the pregnancy terminated, she has no objection if the child is born alive and given up for adoption,”
Background of the Case
The case involves a minor girl who was sexually assaulted on two separate occasions. The first incident occurred during Diwali last year, but the girl did not disclose it to anyone. Several months later, in March, she was again sexually assaulted by another man. It was this second assault that led to her pregnancy.
The girl became aware of her pregnancy only after visiting a doctor with her sister. Upon learning of it, she confided in her family about the March assault, which prompted them to file a First Information Report (FIR) in June.
By this time, the pregnancy had exceeded 24 weeks, which is beyond the standard legal limit for termination under the Medical Termination of Pregnancy (MTP) Act.
The police arrested the accused from the March incident, while the man involved in the Diwali assault remains absconding.
Given the girl’s mental and emotional trauma, the case was brought before the Delhi High Court, which considered her condition, referenced Supreme Court rulings, and granted permission for medical termination of the pregnancy.
The court also directed AIIMS to preserve fetal tissue for DNA testing and ordered the state to cover all related medical expenses.
Case Title:
ABC (Minor) Through Her Mother v. State of NCT of Delhi & Anr.
Read Order:
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