The Delhi High Court has allowed a 15-year-old rape survivor to medically terminate her 28-week pregnancy, holding that the severe mental trauma suffered by a minor victim can justify judicial intervention even beyond the statutory limit prescribed under the Medical Termination of Pregnancy (MTP) Act.
The order was passed by a vacation bench of Justice Mini Pushkarna after considering the recommendation of a medical board at AIIMS Delhi, which concluded that continuing the pregnancy was likely to have an adverse psychological impact on the teenager. The survivor had approached the court through her father, stating that carrying the pregnancy further would cause grave mental injury.
Court invokes constitutional powers
According to The Indian Express, while the MTP Act generally permits termination of pregnancy up to 24 weeks in specific circumstances, the court noted that constitutional courts possess extraordinary powers to grant relief in exceptional cases, particularly when a pregnancy is the result of rape.
The bench observed that a minor survivor of sexual assault endures significant mental anguish and trauma, making such cases distinct from ordinary medical termination requests. Relying on the medical opinion and the wishes of both the girl and her father, the court approved the procedure.
The court directed that the survivor be admitted to AIIMS Delhi, where a team of qualified doctors will carry out the medical termination in accordance with legal and medical guidelines.
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Directions for child care if baby is born alive
According to The Indian Express, the High Court also addressed the possibility of a live birth during the procedure. It ordered that if the child is born alive, the hospital and state authorities must provide all necessary medical support, including neonatal care and incubation facilities.
The Child Welfare Committee must be informed immediately, and further decisions regarding the child's welfare will be taken as required. The court further stated that if the survivor and her father so desire, the child may be given up for adoption through the prescribed legal process.
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DNA evidence to be preserved
According to The Indian Express, recognising the importance of the ongoing criminal proceedings, the court instructed AIIMS Delhi to preserve foetal tissue samples for DNA testing. The evidence is expected to play a crucial role in the investigation and prosecution of the rape case.
The Delhi government informed the court that it had no objection to the termination in light of the AIIMS report. The bench also directed the government to bear all expenses related to the medical procedure and the survivor's stay at the hospital.
The ruling adds to a growing body of judicial decisions where courts have prioritised the physical and mental well-being of rape survivors while balancing medical, legal and humanitarian considerations.
