Delhi HC Allows Abortion Of 16 YO “Adamant” Rape Survivor Despite Higher Risk [Read Order]

The Delhi High Court has allowed a 16-year-old rape survivor, who was 22 weeks pregnant, to terminate her pregnancy, owing to the distress that she was going through because of the same.

The order was passed by Justice Vibhu Bakhru on a petition filed by the girl through her father, praying that the respondent authorities be directed to carry out medical termination of her pregnancy.

The court had, on November 28, interacted with the girl and had noted that she appeared to be in considerable stress. It had then directed her physical and psychological evaluation for the abortion by a medical board. The doctors were ordered to submit their report within two working days.

This report now stated that abortions after about twenty-two weeks carry higher risk of mortality and morbidity. The board further pointed out that the relative risk is much higher, as compared to an abortion at eight weeks. It, however, noted that while the risk has been explained to the minor and her father, they are “adamant” about going ahead with the abortion.

While examining the report, the court also interacted with Director Professor of Psychiatry, Dr. Sanjay Agrawal, noting that the pregnancy was causing consideration distress to the girl.

“He is also of the view that the unwanted pregnancy is causing considerable amount of distress to Ms ‘X’. He is further of the view that carrying the pregnancy further poses a risk to her well being and would continue to cause much distress to the petitioner. This risk is enhanced considering the allegation that the conception was a result of rape,” it observed.

The court, therefore, directed the procedure to be carried out as expeditiously as possible. It further ordered the father to ensure that she is brought for medical examination within the interval of three weeks after her discharge.

“He shall follow the advice of the doctors and produce her for regular check-up as per the advice of the concerned doctor,” it asserted.

Read the Order Here