New Delhi: Recognising the right to life of a minor rape survivor, Delhi High Court on Wednesday allowed a 15-year-old girl to undergo medical termination of pregnancy with over 26 weeks of gestational period, noting that she would suffer grave mental injury if forced to give birth to the child. The court also factored in the opinion of the medical board by AIIMS that said the girl was fit to undergo the procedure. The state also said that it had no objection to the termination of an unwanted pregnancy.. The court said authorities will bear all the expenses for the procedure at AIIMSJustice Mini Pushkarna allowed the plea of the minor, filed through her father.During the hearing the court was informed by the counsel of the survivor that doctors had already last week induced labour to carry out the procedure but realised midway she didn’t have the mandatory nod from the court.The court was also told that under the existing SOP, a judicial order is required before the termination of pregnancy can be carried out in cases involving minor rape survivors.It was submitted that both the minor and her father wanted the pregnancy to be terminated, arguing that its continuation would cause serious mental trauma to the child.The counsel for the petitioner contended that the minor was exercising her right to life under Article 21 of the Constitution and that denying the request would result in further mental agony, especially as she was a survivor of rape.Allowing the plea, the high court also directed AIIMS to preserve the foetus for DNA testing, noting that the sample may be required in the criminal proceedings against the accused.However due to advanced stage of pregnancy if a healthy baby is delivered the authorities will give necessary medical support to the child, and take appropriate steps for the child’s adoption, it added.
