Delhi HC allows minor sexual assault survivor to terminate pregnancy

New Delhi: The Delhi High Court on Monday allowed a minor sexual assault survivor to terminate her 26-week pregnancy.

Justice Manoj Jain, therefore, directed the medical superintendent of AIIMS to terminate the over 26 weeks pregnancy of the girl, observing she was subjected to two sexual assaults.

The survivor, 16, and her mother moved court with their plea for abortion citing serious mental trauma.

The court directed AIIMS and its team of doctors to perform the procedure on the survivor on July 1 under the Medical Termination of Pregnancy (MTP) Act.

It came on record that the medical board was not in favour of allowing the termination of pregnancy in view of the advanced gestational age requiring most likely a cesarean section procedure which could adversely affect the girl's future reproductive health.

The medical board opined that the girl was otherwise physically fit.

The girl and her mother, however, insisted on not continuing with the pregnancy.

She moved the court after the doctors expressed their inability to proceed due to the statutory restrictions provided under the MTP Act, limiting such procedures to 20 weeks in ordinary cases and 24 weeks in certain categories such as rape survivors.

According to the girl's lawyer, the minor was sexually assaulted by a man during Diwali in 2024 but she did not disclose the incident to anyone.

The second incident took place in March when she was sexually assaulted by another person and the pregnancy was the result of this incident, the lawyer said.

She learnt about the pregnancy only when she went to a doctor with her sister and when her family members got to know, she confided in them about the sexual assault, leading to the filing of the FIR.

At the time of the FIR in June, the gestational age exceeded the prescribed 24-week limit.

The police arrested the accused of the March sexual assault incident whereas the man who assaulted her last year is yet to be nabbed, the court was informed.

The high court in its order recorded judgments, including that of the Supreme Court, in which pregnancy was allowed to be terminated in cases where gestational period exceeded 27 weeks and even of 33 weeks.

"The situation in this case is unfortunate. The girl was subjected to sexual assault for the first time on Diwali but she did not divulge about this to anyone and she was again subjected to sexual assault in March by another person," the court said.

The order continued, "It is not difficult for this court to comprehend and understand the grave mental injury inflicted upon the minor." The AIIMS doctors, as a result, were ordered to maintain a complete record of the procedure aside from preserving the fetus tissue, which could be required for DNA identification and investigation purposes.

The court further directed the state authorities to bear all the expenses of the medical procedure, the girl's stay at the hospital and the expenditure of post-operative care.

"If the child is born alive, the medical superintendent of AIIMS along with state authorities shall ensure that every assistance is offered to such child and intimation will be given to the Child Welfare Committee," the court said.

Since the minor’s mother wants to get the pregnancy terminated, she has no objection if the child is born alive and given up for adoption, the order added.