Minor rape victim's plea to end pregnancy: Delhi HC asks AIIMS to examine issue, file report

The Delhi High Court asked AIIMS on Friday to set up a medical board to examine whether it was necessary to end the pregnancy of a 14-year-old rape victim and to carry out the procedure expeditiously if required.

Justice Anu Malhotra directed that a report be placed before the court on June 17 regarding the outcome of the medical board's decision.

The court also ordered preservation of the foetus for DNA analysis in the rape case.

The order came on the plea of the minor rape victim seeking permission for medical termination of her pregnancy which was over 22 weeks.

The court asked AIIMS to take a decision after a doctor from there said each day's delay would increase the risk to the mother if the procedure is carried out and there was a possibility that the foetus could be delivered alive.

Even the Delhi government, represented by its additional standing counsel (criminal) Rajesh Mahajan, did not oppose the victim's plea.

According to the plea filed on behalf of the 14-year-old girl, on June 2, 2019 her mother came to know she was pregnant and that she had been raped.

Same day an FIR was lodged, the petition said and added that an ultrasound test conducted on June 8 revealed that the girl was 22 weeks pregnant.

Thereafter, the girl and her family approached the Child Welfare Commission for help and the panel advised her to seek permission from the court for medical termination of pregnancy (MTP).

Under the Medical Termination of Pregnancy Act of 1971, a foetus cannot be aborted if the gestation period is more than 20 weeks.

The plea has said that the AIIMS doctors who examined the girl stated that pregnancy cannot be terminated without court orders as the gestation period was advanced.

The petition also claimed that pregnancy poses a risk to the girl because of her young age.