Delhi High Court allows 13-year-old sexual assault survivor to abort 25-week-old pregnancy

A teenage girl’s misery and suffering would only compound if she is forced to bear the mantle of motherhood at such a tender age, the Delhi High Court observed while allowing a 13-year-old girl, who became pregnant from a sexual assault, to terminate her 25-weeks-old foetus..Justice Yashwant Varma noted that if the provisions of the Medical Termination of Pregnancy (MTP) Act, 1971 were to be strictly construed, they do not sanction termination of pregnancy beyond the 24-week period.But the judge said that previous decisions have recognised that courts can invoke their extraordinary powers under the Constitution in exceptional circumstances and order termination of pregnancy.If any case can fall into that category, it is the present one, the Court underlined. “The Court shudders to even imagine the state of despondency that would descend over her life. The mental and physical trauma that she would have to undergo if she were forced to carry the foetus and take on the onerous duties of motherhood is unimaginable. This Court is of the firm opinion that if the petitioner was forced to go through with the pregnancy despite the same having been caused on account of the incident of sexual assault, it would permanently scar her psyche and cause grave and irreparable injury to her mental health,” Justice Varma said in his order.He further said that the Court cannot visualise a more egregious invasion of her right to life as guaranteed by Article 21 of the Constitution..The Court was dealing with the petition by the girls’ father seeking termination of pregnancy conceived out of a sexual assault.It was stated that when the family approached a hospital for advice and treatment, they were informed that they needed to approach the Court for the same.When the Court asked the counsel appearing for the hospital to obtain instructions, it was informed that a medical board has already been constituted and it has drawn up a report which said that the girl is aged 13 years and there was no foetal abnormality therefore it cannot proceed any further..However, Justice Varma held that the opinion of the board fails to take cognisance of the amendments introduced in the MTP Act which says that if the pregnancy is alleged to be on account of rape or sexual assault, the anguish caused by the pregnancy is presumed to constitute a grave injury to the woman’s mental health.The Court, therefore, allowed the petition and directed the hospital to constitute a medical board to oversee the termination of pregnancy.It added that the doctors will have the discretion to cancel the procedure if they find any risk to the petitioner’s life.“The Court further directs the respondent hospital to preserve the terminal foetus for the purposes of DNA testing which would be required with reference to the criminal case which stands registered. The preservation of the terminal foetus and the DNA that may be drawn therefrom shall abide by orders that may be passed by the competent criminal court,” the single-judge directed. .Advocates Samridhi Jain, Sangravi Singh R Bhonsle, Nrupal Dingankar and Pushkara A Bhonsle appeared for the petitioner.Additional Standing Counsel (ASC) Hetu Arora along with advocates Saumya Tandon and Kavita Nailwal appeared for GNCTD.Advocate Vikrant N Goyal and Saurabh K appeared for the hospital..[Read Order]