New Delhi: The Delhi High Court has allowed a minor rape victim to medically terminate her over 26 weeks pregnancy, observing that the victim has the ultimate right whether to give birth to the conceived child or to terminate the pregnancy and her opinion has to be given primacy.
Plea before the High Court was filed by the minor through her guardian
Justice Anoop Kumar Mendiratta, while allowing the plea of the minor filed through her guardian, said that the suffering of the victim who is aged about 16 years would be compounded if she is forced to continue the pregnancy at a tender age and victim is bound to face social stigma which may not permit the scars left by defilement of her body to heal.
Unwanted pregnancy constitutes a grave injury to the mental health of the rape survivor: High Court
“This Court is cautious of the fact that though the pregnancy is of 26+5 weeks of gestation but the risks associated with termination of pregnancy is not higher than the risk of delivery at full term of pregnancy. Merely because there is no foetal abnormality, it cannot be held that the reproductive choice of the victim may be curtailed. It may be underlined that unwanted pregnancy constitutes a grave injury to the mental health of the rape survivor/victim, as also confirmed in the opinion rendered by the Medical Board,” the High Court said.
What did the plea seek?
The plea sought permission to undergo medical termination of pregnancy and a direction to the Safdarjung Hospital to preserve the terminal foetus for the purposes of DNA testing which would be required in the pending criminal case and a direction to the Delhi government to bear all the expenses necessary for the termination of the pregnancy of the victim, her medicines, food etc.
High Court ordered State to bear medical expenses as well as expenses towards special diet of victim
The High Court directed the Safdarjung Hospital to immediately take necessary steps for compliance of directions for medical termination of pregnancy of minor victim and to preserve necessary samples for the purpose of DNA testing from the foetus which may be required for the purpose of pending criminal proceedings by the investigating agency. It also directed the State to bear the medical expenses as well as expenses towards special diet of the victim and take further necessary steps in the interest and welfare of the victim.