Delhi high court allows 17-year-old rape survivor to end 29-week pregnancy

Delhi High Court said courts must consider factors including age, circumstances, medical opinion and the pregnant woman’s rights.

While allowing a 17-year-old rape survivor to terminate her 29-week pregnancy, the Delhi high court has held that a woman’s plea for termination of pregnancy must be assessed by taking into account her rights and interests, rather than strictly relying on the statutory 24-week limit.

The court passed the order while hearing a plea filed by a survivor seeking termination of her 29-week pregnancy. (PTI file)

“The question of medical termination of pregnancy cannot be merely determined or restricted by the statutory period of 24 weeks, but must be examined in the context of the facts and circumstances of each case, including the age and the reason of such pregnancy, the medical opinion placed on record, and the rights and the interest of the pregnant woman,” a bench of justice Harish Vaidyanathan Shankar said in his October 24 verdict.

The court passed the order while hearing a plea filed by a survivor seeking termination of her 29-week pregnancy.

Survivor’s plea and medical assessment

In her petition, the survivor submitted that both she and her grandmother wished to terminate the pregnancy, contending that its continuation would cause severe mental injury and psychological trauma, given her young age and the circumstances in which the pregnancy was conceived.

The petition further stated that a medical board constituted at Deen Dayal Upadhyay Hospital had found the survivor physically fit to undergo the medical termination procedure.

The Delhi Police’s lawyer submitted that appropriate directions could be issued in view of the medical board’s report.

Hospital directed to carry out termination

Consequently, the court in its 9-page order, directed the hospital to carry out the termination and asked the state to bear the expenses.

“In case the child is born alive, medical superintendent, Deen Dayal Upadhyay Hospital, New Delhi, in conjunction with the State Authorities, would ensure that medical support, as well as every possible and feasible assistance is offered to such child, and the child shall be kept in an incubator. Intimation in this regard shall be given to the concerned Child Welfare Committee (“CWC”), and as and when so required, further directions be sought from CWC,” the court said in its order.

What the MTP Act permits

Under the Medical Termination of Pregnancy (MTP) Act, abortions are legally permitted up to 20 weeks. Following a 2021 amendment, certain categories of women — including survivors of sexual assault — may terminate pregnancies up to 24 weeks, with medical board approval.

The law also permits courts to allow termination beyond 24 weeks in exceptional cases involving fatal abnormalities or serious risks to the woman’s mental or physical health.

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