HC permits minor sexual assault survivor to medically terminate pregnancy

The Delhi High Court has permitted a 17-year-old sexual assault survivor to medically terminate the pregnancy of 24 weeks and directed that samples for DNA tests be preserved for analysis by a forensic lab. After the medical termination pregnancy is conducted, samples for DNA tests will also be preserved so that the same can be analyzed by the FSL, ordered Justice Mukta Gupta on October 29.

The Delhi High Court has permitted a 17-year-old sexual assault survivor to medically terminate the pregnancy of 24 weeks and directed that samples for DNA tests be preserved for analysis by a forensic lab. The petitioner sexual assault survivor sought termination of the pregnancy on the ground that she was a minor and would not be able to bear the pregnancy at this tender age or take responsibility for a child. The medical board stated that the petitioner suffered from no medical co-morbidity and termination of pregnancy could be performed. “In view of the report of the Medical Board, the Medical Superintendent, AIIMS is requested to get conducted the medical termination of pregnancy of the petitioner at the earliest. After the medical termination pregnancy is conducted, samples for DNA tests will also be preserved so that the same can be analyzed by the FSL,” ordered Justice Mukta Gupta on October 29. In the present case, an FIR was lodged by the mother of the petitioner suspecting that she had been kidnapped. It was alleged that the petitioner had left her house on May 23 at about 10:00 a.m. without telling anybody and her mobile was found to be switched off.

The court was informed that the petitioner came back to her home after three days but did not make any allegation of sexual assault. However, later when her statement was recorded before a magistrate, she said that she faced sexual assault and it was found that she had conceived, it was added.

On October 28, the court had directed AIIMS to constitute a medical board to examine the petitioner and consider the feasibility of termination of pregnancy. The medical board told the court that the petitioner and her family was explained the risk and complications associated with the pregnancy, and they opted for medical termination of pregnancy.

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