Delhi High Court Approves Termination of 26-Week Pregnancy for Minor Rape Survivor
The Delhi High Court permitted a minor rape victim to terminate her pregnancy beyond 26 weeks, citing mental health concerns. The Safdarjung Hospital must preserve foetal samples for DNA testing tied to criminal proceedings. The court emphasized the survivor's right to reproductive choices and ordered confidentiality for her identity.
- Country:
- India
The Delhi High Court has granted permission for a minor rape victim to terminate her pregnancy, which has exceeded 26 weeks, citing the severe impact of unwanted pregnancy on the survivor's mental health.
Additionally, the court instructed Safdarjung Hospital to secure samples from the foetus for DNA testing, vital for ongoing legal proceedings. The court emphasized the significance of the victim's autonomy in deciding on her pregnancy.
Justice Anoop Kumar Mendiratta highlighted that forcing the 16-year-old victim to continue her pregnancy would intensify her suffering and social stigma. The court clarified that risks associated with late-term abortion do not exceed those of full-term delivery, underlying the grave psychological impact of an unwanted pregnancy.
The court further noted that the minor and her mother had been thoroughly counselled on the medical procedure, granting informed consent while ensuring the option to reconsider.
The state is responsible for covering medical and special dietary expenses. Additionally, the court mandated that the identity of victims in such cases must be kept confidential.
(With inputs from agencies.)
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