Delhi High Court allows 16-year-old rape survivor to terminate pregnancy at 28-weeks; directs AIIMS to preserve foetus DNA
Justice Yashwant Varma while allowing the 16-year-old girl to terminate her pregnancy directed AIIMS to preserve the DNA of the foetus for the pending criminal case.
The Delhi High Court on Friday allowed a 16-year-old rape survivor to terminate her 28-weeks pregnancy.
Justice Yashwant Varma directed the All India Institute of Medical Sciences (AIIMS) to preserve the terminal foetus to conduct a DNA test for the pending criminal case.
The AIIMS Medical Board had recommended medical termination of the 16-year-old rape survivor's pregnancy and in support of her plea, an affidavit of her 28-year-old brother was also placed on record.
However, the petitioner was forced to approach the High Court as her pregnancy had passed the 24-weeks, and it would be illegal to terminate the pregnancy as per the provisions of the Medical Termination of Pregnancy Act, 1971.
Court emphasized its recent decision in Ms. X through her Legal Guardian v. Government of NCT of Delhi & Anr., wherein it was noted that where the pregnancy is alleged by a pregnant woman to have occurred on account of rape or sexual assault, the anguish caused by the pregnancy is presumed to constitute a grave injury to the mental health of the pregnant woman.
“It becomes relevant to note that Section 3(2) deals with situations where pregnancy has not exceeded 20 or 24 weeks. The mental anguish and injury to mental health that may be faced by a pregnant woman in case of rape are statutorily ordained to be presumed,” the court observed.
Court also relied on its decision in Surekha Gautum Khobragade and Pratibha Gaur v. Government of NCT wherein the bench recognized the power of the Court in exceptional situations to invoke its extraordinary powers conferred by the Constitution where the provisions of the Act when strictly construed may not sanction a termination of pregnancy.
Accordingly, in the present case Court allowed the petitioner to terminate her 28-week pregnancy and directed her to appear before the AIIMS Medical Board to undertake the requisite procedure for the medical termination.
The court also directed AIIMS to preserve the terminal foetus for DNA testing for the pending criminal case and directed that the preservation of the terminal foetus and any DNA extracted from her shall abide by the further orders issued by the competent court.
Case Title: Ms. R v. Govt of NCT Delhi & Ors