Delhi HC directs Safdarjung hospital to terminate 25-week pregnancy of minor rape survivor

New Delhi: Giving its nod to terminate the 25-week-old pregnancy of a 13-year-old minor, the Delhi High Court directed the Safdarjung Hospital medical board on Wednesday to perform the procedure keeping in mind the interest of the girl's life and education.  

The court was hearing the petition of a minor girl who is a survivor of sexual assault, which claimed that compelling the minor to go through with the pregnancy would be an invasion of her right to life as guaranteed by Article 21 of the Constitution. The plea further stated that the incident has caused grave anguish and mental agony to the minor and her family.

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A single judge bench of Justice Prathiba M Singh said a team of doctors at Safdarjung Hospital would conduct the procedure on Wednesday. The court passed the order after the girl and her mother submitted that she did not wish to carry the pregnancy to term.

"Keeping in mind the interest of the life of the petitioner, her tender age, her education, and keeping in mind the social circumstances, even though the gestational period is more than 25 weeks, this court is of the opinion that the pregnancy is terminated," said the court.

"The team of doctors at Safdarjung Hospital would accordingly go ahead with the termination of pregnancy tomorrow itself," Justice Singh said. The high court said the doctors have assured it that they would give her the best possible care during the process of the termination of her pregnancy. It said the foetus sample shall be preserved for the process of the criminal case filed as it may be required in the future.

Considering that the petitioner is a victim of sexual assault, the court said, the cost of the termination of pregnancy will be borne by the Union Ministry of Health and Family Welfare. Further, the court said that the District Child Protection Unit would provide Rs 10,000 for the immediate nutrition and other medical needs of the minor girl post the termination of pregnancy, as per a media report in the Indian Express. 

During the hearing, the court interacted with the team of doctors who examined the minor through video conferencing. The doctors, comprising Dr. Shefali Gupta, Dr Yamini Sarwal, Dr Anita Yadav and Dr Bindu Bajaj told the judge that there is a risk to the girl's life if she continues with the pregnancy and also if it is terminated.

The court on Monday had directed the medical board of Safdarjung hospital to examine the minor and give an opinion on the risks associated with the pregnancy termination that could affect both the minor and the foetus. 

"She is just a 13-year-old. How will she go on with the pregnancy at this age," the court asked. It said that it is clear to the court that there is risk involved for the girl both in the case of termination of pregnancy and going ahead with it. The doctors told the court that they would first try termination by medicines and would resort to surgery if the medicine method fails. Further, the medical board observed that they are waiting for court to allow the termination since the gestation period was over 24 weeks no gross congenital anomaly was found in the foetus. 

The court said, "it appears that there are risks involved for the petitioner in the termination of pregnancy as also in continuing with the pregnancy." Pointing out that the girl and her mother did not wish to carry on with the pregnancy, the court said that the minor is, "only 13 years old and is stated to be a victim of sexual assault and an FIR has already been registered." 

According to the girl's plea, she was taken for an ultrasound on January 18 and was found to be 23 weeks and six days pregnant. The family then went to Safdarjung Hospital, following which an FIR was registered under the Protection of Children from Sexual Offences (POCSO) Act.

The girl approached the high court as the doctors refused to terminate her pregnancy since the gestation period was 25 weeks, which was beyond the permissible limit of 24 weeks for the termination of pregnancy.

While giving its order on a similar petition requesting the termination of a 25-week-old pregnancy for a 14-year-old survivor of sexual assault, the Delhi High Court had a few days back passed a slew of guidelines for medical examination of rape survivors whose pregnancy exceeds 24 weeks. The court had said that imposing the responsibility of motherhood on a sexual assault victim would amount to denying her the human right to live with dignity. 

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