Delhi High Court allows teen rape survivor to abort 28-week pregnancy; directs preservation of DNA

The Delhi High Court recently allowed a teenaged rape survivor to abort her 28-week-old foetus and also directed All India institute of Medical Sciences (AIIMS) to preserve the foetus so as to conduct DNA test for the purpose of the pending criminal case [Ms R v. Govt of NCT Delhi & Ors]..Justice Yashwant Varma highlighted a similar order passed on July 19 when the court had allowed another teenager, a sexual assault survivor, to terminate her 25-week-old pregnancy.In the present case, the Court observed that a report placed by the medical board of AIIMS on record had recommended medical termination of the petitioner’s pregnancy. In support of her plea, the survivor also placed on record the affidavit of her brother, who is an adult.However, she was constrained to move court because her pregnancy was over 28 weeks and also given the perception of authorities that once the pregnancy had crossed 24 weeks, medical termination of pregnancy was not permissible under the provisions of the Medical Termination of Pregnancy Act, 1971..The Court, on the other hand, underlined its decision in Ms X Through Her Legal Guardian v. Government Of Nct Of Delhi & Anr where, among other things, it had said the previous decisions have recognised that courts can invoke their extraordinary powers under the Constitution in exceptional circumstances and order termination of pregnancy.It had noted that where a pregnancy is alleged by a pregnant woman to have occurred on account of rape or sexual assault, the anguish caused by it would be presumed to constitute a grave injury to the woman’s mental health.“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 is statutorily ordained to be presumed,” it had earlier observed..In line with that decision, Justice Varma, in the present case, allowed the petition and directed the petitioner to appear before the medical board constituted by AIIMS which has to undertake the requisite procedure for the medical termination of her pregnancy.“Let the petitioner appear before that Board along with her brother as well as a responsible official that may be deputed by the Child Welfare Committee on August 27, 2022 so that appropriate steps may be taken in accordance with law,” stated the order passed on August 26.AIIMS was also directed to “preserve the terminal foetus for DNA testing” that would be required for the criminal case whereas the preservation of the terminal foetus and the DNA will be subject to “further orders that may be passed by the competent Court”..[Read Order]