Reproductive Choice Cannot Be Curtailed Merely Because There Is No Foetal Abnormality: Delhi HC Permits Termination Of 26-Week Pregnancy Of Minor Rape Victim
The Delhi High Court permitted medical termination of a 26-week pregnancy of a minor rape victim observing that merely because there is no foetal abnormality, it cannot be held that the reproductive choice of the victim may be curtailed.
The Court directed the hospital to immediately carry out the termination procedure prescribed under the Medical Termination of Pregnancy Act, 1971 (MTPA) under the supervision of specialists. The Bench allowed the petition filed by the victim's mother on her behalf. The victim, a 16-year-old, was allegedly raped in March 2024. Her pregnancy was detected only in August 2024, when she complained of abdominal pain and was taken to the hospital.
A Single Bench of Justice Anoop Kumar Mendiratta observed, “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.”
Advocate Anwesh Madhukar appeared for the petitioner, while ASC Yasir Rauf Ansari represented the respondent.
An FIR under Section 376 of the IPC and Section 4 of the POCSO Act was registered. The Court issued directions to the hospital to get the victim examined. The Medical Board’s report stated that carrying the pregnancy to full term was likely to adversely affect the physical health of the victim as well as her mental health.
The High Court noted clause (a) and (b) of sub-section (2) of Section 3 of the MTPA which stated that whensoever any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by the pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman.
“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. Apart from above, victim is bound to face social stigma which may not permit the scars left by defilement of her body to heal,” the Court remarked.
Noting that the pregnancy was 26+5 weeks of gestation, the Court state that the victim had the “ultimate right” whether to give birth to the conceived child or to terminate the pregnancy and her opinion must be given primacy. “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,” the Bench remarked.
Consequently, the Court permitted the victim to undergo the procedure for medical termination of pregnancy as desired by her.
“Though the procedure to be undertaken for the purpose of medical termination of pregnancy has been duly informed to the victim and she has given an informed consent to the same along with guardian, but if at any stage the victim seeks to change her mind, the same shall be duly given consideration by the concerned medical team,” the Court remarked.
Accordingly, the High Court allowed the petition.
Cause Title: Minor N Thr Mother P v. State Of NCT Of Delhi & Anr. (Neutral Citation: 2024:DHC:6881)
Petitioner: Advocates Anwesh Madhukar and Prachi Nirwan
Respondent: ASC Yasir Rauf Ansari; CGSC Arunima Dwivedi; Advocates Alok Sharma, Vasu Agarwal and Pinky Pawar
