Delhi HC allows termination of 24-week-old pregnancy for minor rape victim

Delhi High Court on Thursday allowed the medical termination of a 24-week-old pregnancy of a minor rape victim.

A single bench of Justice Vibhu Bakhru allowed the termination of the pregnancy after medical board of Ram Manohar Lohia Hospital submitted its report on the pregnancy.

"The report of the medical board has been taken into consideration by the court. The court has allowed the medical termination of pregnancy to be carried out within 24 hours and DNA evidence to be preserved," the court said in its order.

The High Court had on Tuesday directed RML hospital to immediately constitute a medical board to examine a minor girl and submit a report before it in the matter.

A plea, filed before the court, stated that the rape victim is 16 years old and her medical examination was conducted on January 25, 2020, in a Hospital in Rohini and the matter was further referred for an opinion as the victim was found 24-week pregnant.

According to the petitioner, pursuant to her medical report, an FIR was registered under several sections of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act in Swaroop Nagar police station on January 25.

Advocate Prachi Nirvan, representing the petitioner, had requested the Delhi High Court to direct concerned authorities to ensure that the pregnancy of the petitioner is medically terminated.

The hospital had asked her to get approval from the court to terminate her pregnancy, advocate Prachi Nirvan said.

She had also informed the court that the petitioner is aggrieved as Section 3 of Medical Termination of Pregnancy Act 1971, does not permit the termination of pregnancy in case the period of gestation is more than 20 weeks old.

Nirvan had said that the pregnancy poses a substantial risk to the petitioner as she herself is of tender age.