Delhi High Court Permits 16-Year-Old Rape Survivor to Terminate 27-Week Pregnancy

The Delhi High Court recently allowed a 16-year-old rape survivor to medically terminate her pregnancy, which had crossed 26 weeks.

A bench led by Justice Manoj Jain in its order said,"..Keeping in mind the overall facts and circumstances of the case, the fact that the minor is a victim of sexual assault and is not willing to continue with the pregnancy in question, and the fact that she is still admitted in AIIMS, New Delhi..."

In view of this, the High Court accordingly permitted the termination and directed the Medical Superintendent of AIIMS to make necessary arrangements for the procedure.

Upholding the bodily autonomy of the minor girl, the HC observed, "A pregnant woman’s bodily autonomy and right of self-determination is an intrinsic part of her fundamental rights under Article 21."

The High Court was hearing a plea filed by the minor through her mother, seeking urgent relief under the Medical Termination of Pregnancy (MTP) Act.

The minor was sexually assaulted twice, first during Diwali 2024 and then again in March 2025. She discovered about pregnancy only on June 21, 2025, during a medical consultation. Thereafter, an FIR was filed under Sections 65(1)/69 of the BNS and Section 4 of the POCSO Act. The Court had then ordered the constitution of a Medical Board to assess the feasibility of abortion.

As per the report, the Medical Board stated that the pregnancy had crossed 26 weeks. It added that the fetus was reportedly viable, with no gross congenital malformations. It added that there was a higher likelihood of a caesarean section, which would adversely affect the future reproductive health of the minor. Therefore, the Board had declined permission for the termination of the pregnancy.

However, the Court noted that the minor was found physically fit for termination, and more importantly, both the minor and her mother were unequivocal in their decision not to continue with the pregnancy.

Appearing for the petitioner, Advocate Anwesh Madhukar (DHCLSC) argued that the pregnancy was a result of rape and therefore presumed to cause grave mental trauma under the MTP Act. He also cited multiple judgments where courts had allowed termination beyond 24 weeks in similar cases.

Taking note of the submissions, Justice Jain observed that as per Explanation 2 to Section 3 of the MTP Act, when pregnancy is alleged to have been caused by rape, the anguish caused shall be presumed to constitute a grave injury to the mental health of the woman.

While allowing the plea, the HC also ordered that the State shall bear all expenses related to the medical procedure and post-operative care.

"If the child is born alive, Medical Superintendent, AIIMS in conjunction with the State Authorities would ensure that every possible and feasible assistance is offered to such child. Intimation in this regard shall be given to the concerned Child Welfare Committee and as and when so required, the further directions be sought from Child Welfare Committee," the Court directed.

For Petitioner: Mr. Anwesh Madhukar, Advocate (DHCLSC) With Ms. Prachi Nirwan, Advocate

For Respondent: Mr. Sanjay Lao, Standing Counsel (Crl.) with Mr. Abhinav Kumar and Mr. Aryan Sachdeva, Advocates for State with SI Neetu Yadav, PS Maidan Garhi

Case Title: MINOR A THR HER MOTHER S Verus STATE & ANR

Read order here: