Delhi HC allows termination of 30-week pregnancy of 15-year-old rape survivor
New Delhi: The Delhi High Court has ruled that forcing a rape survivor to continue with a pregnancy resulting from sexual assault and compelling her to become a mother against her wishes would seriously undermine her right to live with dignity.
The court made the observation while allowing the plea of a 15-year-old rape survivor seeking termination of her pregnancy, which had crossed 30 weeks of gestation.
Justice Madhu Jain, in an order passed on September 8, said the advanced stage of the pregnancy could not be considered separately from the minor's rights to bodily autonomy, dignity and reproductive choice, The New Indian Express reported.
The court held that compelling a sexual assault survivor to carry a pregnancy resulting from the assault could impose further physical and psychological trauma on her. It also observed that a woman's right over her own body encompasses the freedom to decide whether she wishes to become a mother.
The court noted that the Medical Termination of Pregnancy (MTP) Act allows termination beyond 20 weeks and up to 24 weeks for specified categories of women subject to statutory requirements. However, it said crossing the statutory gestational limit alone could not prevent the court from examining the minor's fundamental rights and individual circumstances.
At the same time, the court stressed that the advanced stage of pregnancy required greater medical caution. Any termination would therefore depend on an assessment of the girl's physical condition, medical feasibility and compliance with necessary safeguards.
While exercising its constitutional jurisdiction, the court said the welfare and best interests of the minor must remain paramount, alongside consideration of the legal framework governing medical termination of pregnancy. It emphasised that reproductive autonomy, bodily integrity and dignity assume particular importance when the welfare of a pregnant minor is at stake.
Describing the circumstances as unfortunate and distressing, the court noted that the girl had already suffered the trauma of sexual assault and had also lost both her parents.
The court observed that a 15-year-old child should be protected and allowed to grow in a safe and dignified environment and should not be defined as a mother merely because she was forced into pregnancy as a result of sexual violence.
It further said that although legal remedies could be provided, no court order could erase the trauma the child had already endured. The judicial system could, however, ensure that she received care, dignity, compassion and legal protection during such a vulnerable period.
Allowing the plea, the court directed the medical superintendent of Lady Hardinge Medical College and S K Hospital to make arrangements for termination of the pregnancy at the earliest and maintain proper records of the procedure.
Doctors were also instructed to preserve the tissue or foetal material for DNA identification and other purposes connected with the rape investigation.
The court directed the state government to bear all expenses associated with the procedure, including medicines, diagnostic tests, hospitalisation, food and other incidental medical requirements.
It further ordered that if the fetus was born alive despite the procedure, doctors must take all feasible steps to provide necessary medical care. Thereafter, the Child Welfare Committee would take further action in accordance with the law.