HC overturns its nod for minor to end pregnancy

Delhi High Court overturned a single judge's ruling, mandating a 16-year-old sexual assault survivor to continue her 26-week pregnancy until 34 weeks.

A division bench of the Delhi high court on Thursday overturned a single judge’s June 30 order allowing a 16-year-old survivor of two separate sexual assaults to terminate her 26-week pregnancy, and directed her to continue the same till 34 weeks, observing that permitting termination of a viable foetus would amount to foeticide, which is a criminal offence.

A division bench of the Delhi high court on Thursday overturned a single judge’s June 30 order (Archive)

Under the Medical Termination of Pregnancy (MTP) Act, abortions are permitted up to 20 weeks. A bench of chief justice DK Upadhyay and justice Anish Dayal emphasised that the law sanctions termination of pregnancy beyond 24 weeks only in cases involving substantial foetal abnormalities, or when the continuation of the pregnancy poses a grave risk to the woman’s health.

Even though the court called the case unfortunate, it ruled that it was the state’s responsibility to protect lives in all forms.

The court passed the order after the victim agreed to continue with her pregnancy in light of the adverse findings and suggestions of the AIIMS medical board and the submissions of one of the members of the medical board.

The medical board had submitted that advance termination of pregnancy would amount to foeticide, whereas termination after 34 weeks would amount to delivery.

Agreeing with the member, the bench remarked, “To terminate the pregnancy (at this stage of gestation) will involve foeticide. It amounts to an offence in criminal law. Don’t ask us to be a party in that...Law does not sanction that. It would amount to killing.”

It added, “Unfortunate things happen to everyone but one has to learn to live with it. It’s unfortunate but beyond the control of everybody. Life in any form is very, very important. Every endeavour must be taken by the state to protect lives.”

Modifying the single judge’s order, the court said: “...We modify the order passed by the single judge and direct that the same shall not be given effect to.”

The girl was allegedly sexually assaulted twice by different men last year and in March this year. She did not reveal either incident until June 21, when a medical consultation confirmed that she was 26 weeks’ pregnant. She then informed her parents, following which a rape case was filed. On June 30, a bench of justice Manoj Jain directed AIIMS to terminate her pregnancy on July 1, despite the medical board’s contrary recommendations. The judge had observed that the pregnancy, a result of sexual assault, had caused the girl “grave mental injury and serious mental trauma”.

AIIMS thus approached the division bench challenging the same, asserting that the order not only violated the provisions of MTP Act, but runs contrary to the medical opinion expressed by a board of experts.

To ensure the welfare of both the minor and the child, the court on Thursday directed AIIMS to permit her to stay in the hospital till she becomes medically fit after delivery, including the remainder term of her gestation period.

The court further directed AIIMS to provide medical facilities free-of-cost to the victim and the baby for 5 years. It also asked the Delhi government’s woman and child development department to file an affidavit giving details of the help that could be provided to the two, including facility for free education/vocational training.

The matter will be next heard on October 15.