HC allows termination of 24-week pregnancy of minor rape victim

The medical opinion of the hospital was placed before Justice Vibhu Bakhru, who discussed it in-chamber with the 16year-old girl and her parents before delivering the order

The Delhi High Court on Thursday allowed termination of 24-week pregnancy of a minor rape victim after a medical board set up by the Ram Manohar Lohia (RML) Hospital said there was a significant risk to the teenager in continuing with it.

The medical opinion of the hospital was placed before Justice Vibhu Bakhru, who discussed it in-chamber with the 16year-old girl and her parents before delivering the order in the open court.

The judge told the doctor from RML, who was present in court, to ensure the procedure is carried out within 24 hours. The doctor told the court that risk associated with the procedure, including surgery, has been explained to the victim and it can be carried out within a few hours of receiving the order.

Taking note of the statement, the court said the “procedure be carried out as expeditiously as possible” and to “preserve the DNA” for use as evidence.

With the directions the court disposed of the plea filed on behalf of the girl through advocates Anwesh Madhukar and Prachi Nirwan. The court on February 4 had ordered RML to set up of a medical board to examine the condition of the 6year-old girl and submit a report on whether continuing the pregnancy will pose any risk to her health. The petition was filed as Section 3 of the Medical Termination of Pregnancy Act does not permit termination of pregnancy in case the period of gestation is more than 20 weeks.

The plea had said the pregnancy poses a substantial risk to the girl as she herself is of tender age.