Delhi High Court Allows Minor Rape Victim From Nepal To Undergo Medical Termination Of Pregnancy At LNJP Hospital

The Delhi High Court on Friday allowed a minor rape victim from Nepal to undergo medical termination of pregnancy with 27 weeks of gestational period.

“Accordingly in view of the fact that though the child and family are Nepalese citizens, this court directs that the termination of pregnancy is effected to as soon as possible by the doctors at LNJP hospital,” Justice Prathiba M Singh ordered.

The court was hearing a plea moved by the victim’s mother seeking direction to allow termination of pregnancy of her minor daughter.

It was the mother’s case that her daughter was subjected to a brutal gang rape in Nepal in October last year when she and her husband were working in Delhi.

The court was informed that the minor girl realized that she was pregnant after moving to India to her parents in March.

However, by the time she approached the concerned authorities for termination of the pregnancy, the gestation period was already 25 weeks.

During the hearing today, two doctors from LNJP hospital informed the court that though the medical board is of the opinion that the medical termination of pregnancy could be taken forward, however, there was risk to the minor as her haemoglobin level is low and the gestational period is 27 weeks.

The court was also apprised that both mother and minor victim have been informed about the risk involved. The counsel appearing for the petitioner mother submitted that they are conscious of the risks. 

Allowing the medical termination of pregnancy, the court directed the hospital’s medical team to ensure that best possible care and post operative care is given to the minor so that she recovers and is discharged only thereafter.

"The order is being passed in the peculiar facts and circumstances of the case. The family has assured [the court] that if the baby is born alive, the family would give adequate care ... ,” the court recorded.

Title: GDN v. GNCTD

Citation: 2023 LiveLaw (Del) 352