Delhi HC directs that 16-yr-old rape survivor will not terminate pregnancy following recommendation of doctors’ panel; says survivor to stay at AIIMS & State to bear all expenses for stay, food & delivery
Justice Mini Pushkarna [24-06-2024]

Read Order: MINOR P (THR. FATHER N) v. STATE & ANR [DEL HC- W.P.(CRL) 1899/2024] 

LE Correspondent

New Delhi, June 25, 2024: Taking note of the opinion of a Medical Board that termination of the over-26-week pregnancy of a 16-year-old girl would be unjustified, the Delhi High Court has ordered that the rape survivor be admitted to AIIMS till she delivers the baby at the hospital.

The Single-Judge Bench of Justice Mini Pushkarna was considering a petition which was filed for issuing directions to medically terminate the pregnancy of the petitioner.

The petitioner, in this case, was a 16 years old rape victim having gestation period of 26-28 weeks. Notice was issued wherein directions had been issued to the Director, AIIMS to constitute a Medical Board for medical examination of the petitioner as provided in Medical Termination of Pregnancy Act, 1971 (MTP Act). The Counsel for respondents submitted that the Medical Board was constituted and the petitioner was examined. 

It was mentioned in the report that the chances of morbidity free survival would be minimal if delivery happened at term gestation; hence termination was not justified.

The Bench noted that the Medical Board’s Report categorically showed that there were moderate chances of survival of the baby. There were also high chances of premature complications which might have both long and short term consequences.

The petitioner was also agreeable to deliver the baby in AIIMS, so that the baby could be given up for adoption, post delivery.

Considering such aspects, the Bench said, “In view of the aforesaid and considering the financial background of the petitioner, with a view to safeguard the mental and physical welfare of the petitioner, it is directed that the petitioner shall be admitted to AIIMS forthwith and continue to be admitted there, till she delivers the child at AIIMS.”

The High Court further directed that the mental and physical welfare of the petitioner would be taken care of by AIIMS and she shall be provided nutritious food, and other Pre-natal Care Facilities. The Bench has also ordered that if needed, counseling shall also be provided regularly to the petitioner in order to protect her mental health.

The Bench disposed of the petition by directing that at the time of delivery of the child, requisite procedures would be carried out by the doctors to preserve the DNA of the child, in terms of the medical procedure and law. The Court concluded the matter by stating, “It is further directed that all expenses for the stay, food and other related treatment of the petitioner at AIIMS, and delivery, shall be borne by the State.”