New Delhi: The Delhi High Court has granted permission for the termination of a 26-week-old fetus of a minor rape victim. The decision was made by Justice Anoop Kumar Mehdiratta's bench following a detailed assessment of a medical report from the Safdarjung Hospital. The court ruled that continuing with the unwanted pregnancy could have a detrimental effect on the mental health of the minor.
Additionally, the court ordered Safdarjung Hospital to preserve the fetus sample for use in criminal proceedings against the accused rapist. The bench emphasised that the decision to continue or terminate the pregnancy rested with the 16-year-old victim.
The 16-year-old minor had approached the Delhi High Court through her guardian, filing a petition seeking permission for the termination of the pregnancy. According to the petition, the victim was raped in March 2024, but her pregnancy was only discovered on August 27 after she complained of stomach pain.
The Medical Termination of Pregnancy (MTP) Act, as amended, allows for the termination of a pregnancy up to 24 weeks under certain conditions. Exceptions are made in cases where the woman is a rape victim, a minor, has a disability, has been subjected to forced marriage, or if there is a risk of fetal abnormality. In such cases, termination may be approved, but only with the authorisation of a medical board.
In this case, given the circumstances of rape and the victim’s age, the High Court allowed the termination in the best interest of the minor's physical and mental well-being.
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