Delhi HC Modifies Single Judge’s Order on Abortion of Minor Rape Survivor After AIIMS Objection
The Delhi High Court has recently modified a Single Judge's order that had allowed a 16-year-old rape survivor to medically terminate her pregnancy, which had crossed 26 weeks.
A Division Bench led by Chief Justice Devendra Kumar Upadhyaya and Justice Anish Dayal set aside the Single Judge's order after the All India Institute of Medical Sciences (AIIMS) challenged it, arguing that termination of the pregnancy at this stage might affect the girl's reproductive health.
The Medical Board from AIIMS had opined that continuing the pregnancy for another 4 to 6 weeks (until 34 weeks of gestation) would be in the best interest of both the minor and the baby. In case termination is required, it can be safely conducted at 34 weeks with a reduced likelihood of requiring a caesarean section.
Accepting the Medical Board's advice, the High Court said,"Accordingly, we modify the order passed by the learned Single Judge and provide that the same shall not be given effect to. We further direct that respondent no. 1 shall remain admitted in the All India Institute of Medical Sciences for the entire gestation period of 34 weeks, or till she delivers the child, or even beyond, if required."
The HC also directed AIIMS to provide all necessary medical, psychiatric, and psychological care to the minor completely free of cost.
Additionally, the Court stated that if the baby requires ICU or other specialised care after birth, the same shall also be provided free of cost by AIIMS.
The Department of Women and Child Development, Government of NCT of Delhi, was further directed to file an affidavit within two weeks, specifying the nature of support it will offer to the minor and her baby.
What the Single Judge Had Ordered
On June 30, the single judge bench presided over by Justice Manoj Jain had allowed the minor rape survivor to medically terminate her pregnancy, which had crossed 26 weeks.
The judge 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..."
Upholding the minor’s right to bodily autonomy, Justice Jain had observed:“A pregnant woman’s bodily autonomy and right of self-determination is an intrinsic part of her fundamental rights under Article 21.”
Background
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.
Medical Board's Opinion
As per the Medical Board’s report, the pregnancy had crossed 26 weeks. The fetus was reportedly viable, with no gross congenital malformations. The report further noted a higher likelihood of a caesarean section, which could adversely impact the minor's future reproductive health. In view of these factors, the Board declined permission for termination.
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
Case Title: ALL INDIA INSTITUTE OF MEDICAL SCIENCES versus MINOR A THROUGH MOTHER S & ANR.