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Delhi HC tells medical board to examine teen who wants to abort 25-week foetus

The minor had moved court after the medical board at Safdarjung had opined that the abortion could not be allowed as the gestation period was more than 24 weeks.

Updated on: Jan 31, 2023, 05:28:18 IST
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The Delhi high court on Monday asked a medical board at the Safdarjung Hospital to examine a 13-year-old rape victim, who has moved court seeking permission to terminate her 25-week pregnancy.

The minor in her plea had contended that she was a victim of sexual assault, and that her father is a man of limited economic means. (File)
The minor in her plea had contended that she was a victim of sexual assault, and that her father is a man of limited economic means. (File)

The minor had moved court after the medical board at Safdarjung had opined that the abortion could not be allowed as the gestation period was more than 24 weeks.

On Monday, justice Prathiba M Singh asked the medical board to examine the minor afresh while detailing the risk to her or the foetus, in case medical termination of the pregnancy is carried out.

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The court noted that even though the medical board has opined that the pregnancy cannot be terminated due to the gestational period of 24 weeks, there is no clarity in the opinion as to whether there is any risk involved for the petitioner.

“Under such circumstances, the same medical board… shall give an opinion to this court as to the risks involved for the petitioner as also for the foetus, if the termination is taken forward considering that the pregnancy is 25 weeks plus. The medical board shall examine the petitioner on January 31st at 11 AM. Let a report of the Medical Board also be placed before this court,” the judge said while posting the matter for Tuesday.

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The minor in her plea had contended that she was a victim of sexual assault. She further said that her father is a man of limited economic means.

The plea said the girl was taken for an ultrasound on January 18, when she was found to be 23 weeks and 6 days pregnant. It said that the family then approached Safdarjung, following which a first information report (FIR) was registered under the Protection of Children from Sexual Offences Act, 2012 on January 21.