Delhi HC Permits Rape Victim to Abort 22 Weeks Old Foetus

Delhi HC Permits Rape Victim to Abort 22 Weeks Old Foetus

New Delhi: Recently, the Delhi High Court granted permission to a 16-year-old rape survivor, to terminate her pregnancy despite the medical board constituted at GTB hospital suggesting against the abortion.

The decision was made by Justice Vibhu Bakhru, who ruled in favor for abortion of  the 22 weeks developed foetus, said in its order " This risk has been explained to the petitioner as well as her father, both of whom are adamant that the pregnancy should be terminated,"

Through the petition, both the victim and her father submitted that they were well aware of the risks involved in carrying out the abortion. However, the petitioner along with her father was adamant on going ahead with the procedure irrespective of the complications involved.

The matter pertains to a teenager, who was allegedly raped for one year by a married man who claimed that he was divorced and had told the victim that he was like her husband.

On November 3, an FIR was registered at Karawal Nagar police station against the man for sexually abusing the minor.

From November 22 to 26, the girl was admitted to a hospital where it was discovered that her foetus was 22 weeks old and hence she could not terminate it as per the law. According to the Medical Termination of Pregnancy Act, 1971 (MTP), a ceiling of 20 weeks has been imposed on termination of pregnancy.

Thereafter, the minor moved the Court, seeking permission to terminate her pregnancy.

On November 28, upon directions by the Court, the Medical Superintendent of Guru Tegh Bahadur (GTB) hospital, constituted a medical board to give its opinion on termination of the pregnancy.

Subsequently, during its special hearing on Saturday, the medical board comprising a gynecologist and a psychiatrist informed the Court that at the present stage, the risk of ‘mortality’ and ‘morbidity’ was higher than an abortion at eight weeks.

The court while granting permission for abortion, took into consideration the statement made by Sanjay Agarwal, director professor of psychiatry, who had met and interacted with the rape victim and had observed that the unwanted pregnancy was causing “considerable amount of distress” to the victim, he further stated that the pregnancy posed a risk to her well being and would continue to agonize the petitioner.

Taking into account, the submissions of the petitioner and her father along with the recommendations made by the Medical board. The Court derived at the decision of allowing the minor to terminate her unwanted pregnancy, expeditiously and preferably before December 4. Moreover the court further directed to preserve the tissue of foetus for further DNA test, if found necessary.



Delhi High Court
Medical Termination of Pregnancy Act 1971
Rape Case

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