Minor Rape Victim Denied Permission To Terminate Pregnancy As AIIMS Say Mother At Risk

The Delhi High Court on Friday declined permission to a minor rape victim to terminate her pregnancy of almost 27 weeks after AIIMS gave a report saying abortion at this age is relatively unsafe for the mother.

In its report placed before a bench of Justice S Muralidhar and Justice IS Mehta, the AIIMS medical board said: “As on December 21, the duration of pregnancy of Ms X (victim, as referred in the court order) according to the LMP is 26 weeks +5 days… At this advanced gestation, the foetus has reached a period of viability and if born at this gestation, has a reasonable chance of survival”.

The board, however, added that if born at this gestation, the baby is likely to need intensive care for a long time and develop variety of complications, including adverse neurological outcome later in life.

“Termination of pregnancy at this age is relatively unsafe for the mother also,” the report said.

The report has been furnished in compliance of court’s order after it was informed victim’s counsel Kamlesh Kumar Mishra that AIIMS has declined to terminate the pregnancy forcing her to move court.

Based on AIIMS report, the court declined permission to terminate the pregnancy.

The court had also asked the victim to file an affidavit clearly stating that she wanted to terminate her pregnancy in the light of the fact that she had first expressed her desire to continue with the pregnancy, then appeared before the Child Welfare Committee saying she wanted to undergo abortion and then again changing her mind during her visit at AIIMS where she had told a doctor she did not wish to terminate.

Later, she moved high court, through her father, seeking permission to terminate her pregnancy.

In this case, the girl was recovered from Bulandshahr in Uttar Pradesh after her father filed a writ of habeas corpus in Delhi High Court.

Back then, she had told the court that she had eloped with the accused, married him and is now carrying his child and did not wish to go back to his parents.

While the man was arrested on November 27, the girl was sent to Prayas juvenile centre.

However, on December 8, the girl told Child Welfare Committee that she wished to terminate her pregnancy following which she was sent to AIIMS.

At AIIMS, she told the doctor she did not want an abortion. Thereafter, she moved the high court through her father seeking permission to terminate the pregnancy.

When the judges spoke with her in chamber, she said she wished to terminate the pregnancy.